What You Need to Know about a Fl Parenting Plan, Visitation Rights In Florida and the First Right of Refusal
Family court lawyer, Jordan Gerber Esq’s, last post discussed grandparents rights in Florida to participate in time sharing. But, what about other key figures in a child’s life? For example, a biological parent’s partner or a step parents rights?
The laws that deal with child custody take the same position when it comes to visitation rights in Florida. Florida maintains it lacks the authority to award a time term offer with a child in a Fl parenting plan to anyone but a biological parent. This is because the right of privacy to raise a child is a key part of parental rights in Florida. This principle sticks unless the child’s safety is in danger.
Boca Raton Family Court Lawyer Explains how Visitation Rights in Florida and Allowing Third Parties Time Sharing Violates Parental Rights
The ruling on grandparents rights has extended to all parties seeking visitation rights in Florida. This includes purchase offered sperm donors as well as people in romantic relationships with the biological parent. The length or significance of the relationship is inconsequential. Also included are same-sex partners and step parents if they haven’t gone through step parent adoption programming.
If you were hoping for a loophole in the plan courts have, no dice. The court refuses to enforce any agreement entered into by the biological parent for visitation rights in Florida; now known as time sharing. Even if you’ve had an arrangement that has been in place for years and have kept up your part of the deal, the court won’t recognize it. Unlike purchase property contracts, the owner and holder can get out of these contracts at any time. This highlights the court’s take that access to children are never for sale.
Family Court Lawyer, Jordan Gerber, Esq., Explains the First Right of Refusal in Florida Custody Matters
When married, parties don’t think twice about dropping the kids off at a babysitters or grandparents house. These third parties are valuable resources to maintain a parent’s sanity. Parental rights in Florida, however, are cherished articles when parties split. Especially when it comes to the ability to exercise them to spend as much time as possible with their offspring.
The first right of refusal comes into play when a parent has plans during their time sharing with the child. The first right of refusal requires the busy mother or father to first notify the other parent that they are unable to honor their time sharing obligation. Upon notification, the other parent can exercise their first right of refusal and take care of the child rather than leave the child with a third party.
The first right of refusal proves just how important the family court sees parental rights in Florida. This is because the first right refusal always gives a child’s biological parent priority.
Palm Beach County Family Court Lawyer Reveals the Golden Rule of Florida Child Custody Laws
Florida Statute clearly states that the best interest of the child is of primary concern whenever a parenting plan is at issue. The Constitution, however, trumps all. A parent has the right to privacy when it comes to bringing up baby. Consequently, there’s an assumption that being with his or her parent is innately in their best interest.
The sanctity of parental rights in Florida when it comes to time sharing runs deep. It’s especially interesting to note that a child lacks the right to sue for visitation rights in Florida through a guardian as third party beneficiary. Bottom line? Family Law attorneys will tell you that visitation rights in Florida, much like the term custody in Florida, is history.
Of course, relief is always available when the safety of the child is in question. Any concerned party can initiate proceedings in dependency court to determine if a party is fit to fulfill his or her role as a parent. Dependency proceedings are outside of family court and brought under Florida Statutes Chapter 39.
Boca Raton Family Court Lawyer Explains Florida Statute 61.13 Factors that Determine Parental Rights and Time Sharing
Florida family court judges determine the best interests of the child through the evaluation of several factors:
- Demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time sharing system, and to be reasonable when changes to operations are required.
- The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
- Demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the sharing users.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The geographic viability of the Fl parenting plan.
- Moral fitness of the parents.
- Mental and physical health of the parents.
- Home, school, and community record of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
- Demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child.
- The demonstrated capacity and disposition of each parent to provide a consistent time system routine for the child, such as discipline, and daily schedules to share time.
Boca Raton Family Court Lawyer Explains Additional Factors in Florida Statute 61.13 that Determine Parental Rights and Time Sharing
- The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child. Through share computer operating systems or otherwise. There are several types of communication systems computer sets up if parents can’t get along.
- Evidence of domestic violence, child abuse, abandonment, or neglect.
- Evidence that either parent has knowingly provided false information to the court regarding domestic violence, child abuse,abandonment, or neglect.
- The particular parenting tasks customarily performed by each parent and the division of parental responsibilities.
- Demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
- The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
- Each parent’s capacity and disposition to protect the child from the ongoing litigation. This includes not sharing documents or computer user electronic media related to the litigation with the child.
- The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet these needs.
- Any other factor that is relevant to the determination of a specific FL parenting plan, including the time sharing schedule.
Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida. Assisting in all matters of Florida Family Law.
Boca Raton Family Law Attorney Practice Areas Include:
Simplified Dissolution of Marriage
Child Custody Laws
Fl Parenting Plan
Visitation Rights In Florida
First Right Of Refusal
Relocation Under Florida Statute 61.13001
Parental Rights In Florida
Modification of Child Custody In Florida
Florida Child Support Enforcement