Miami Legal Tips Blog

Want to Create a Successful Parenting Plan After a Divorce?

When you and your child’s other parent decide to split up and share custody, one of the first things you’ll need to do is to contact a Florida family law attorney. We have experience with parenting plans of all types and can assure that your rights are respected while the best interests of the child are kept in mind.

Equal time sharing is the starting point

When it comes to Florida judges, their starting point is generally equal time sharing. This means that unless they are convinced that there’s a reason not to award equal time sharing, they’re going to award equal time sharing. This is due to the court’s belief that a parent is generally better raised by two functional parents than by one. That said, if there’s a reason that you believe you should have primary or sole custody then there are things you can do.

We can help you prove that the other parent is unfit

It’s true that it’s difficult to prove that a parent is unfit. That said, it is possible. Note that Florida offers many second chances to parents. For example, consider a parent who’s taken part in substance abuse rehabilitation. This is considered a pre-existing condition and the courts will take it into account. However, if it happened years ago then the courts and the parent completed rehab, then the courts may not consider it at all. Even in the event that the courts completely terminate a parent’s custodial rights, they may re-establish methods of contact in the event that they show they’ve changed.

There are many reasons to be cautious if you’re alleging the other parent is unfit

At Gilbert and Smallman, we will fight to protect your rights. However, in the event that a portion of your parenting plan establishment relies on accusing the other parent of being unfit, we will take the time to ensure that you understand the potential drawbacks. For example, if you can’t prove your allegations then the courts may look unfavorably at you if they believe you were not being honest.

Additionally, if they do get proof that the other parent was not safe around the child, then you may be held accountable for not protecting your child. As you can see, there are many nuances to every step in the parenting plan process. This is why you need an experienced Florida family law attorney on your side.



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