Divorce and Children


One of the biggest issues in a divorce case is child custody and visitation. The child’s best interest is the main priority when any decisions need to be made. Parents may both have feelings of what is in their child’s best interest but they also may have negative feelings towards each other which can be difficult to put aside when trying to make the best decision for their child.

It is important to make sure all conversations and decisions made for your child be based on your child’s emotional and mental health plus their feelings of security and happiness. If the parents can’t make a decision on splitting their responsibility and visitation, the court will make it for them.

In Florida, the child may have some input on this decision and the judge will decide if:

  • The child is intelligent enough
  • Understands the decision they are making
  • Knows both parents well enough to be able to make a purposeful decision

Although the judge considers the child’s choices doesn’t mean their decision will be based on this. The judge will look at all of the factors to decide what custody plan is best for the child. When there is more than one child involved, the judge can make a different decision for each child.

Parental Time Sharing in Florida

The Florida courts do not use the term “custody” but instead Time Sharing. In Florida, the courts are neutral to parents (mother and father) when it comes to caring for a child (except if a mother is nursing an infant) and makes decisions based on the child’s best welfare and best interest.

As each case is different and circumstances can greatly vary, the courts do their best to decide the time sharing between two parents as fairly as possible.

Under certain circumstances, children may be placed under protective supervision. With the current Covid-19 virus, The Supreme Court of Florida has implemented Covid-19 emergency procedures in relation to visitation for children under the protective supervision of the Department of Children and Families.

See the entire administrative order here (link to order on children’s network)

Timesharing can depend on:

  • Where the child goes to school
  • Where each parent lives
  • How schedules can be arranged

As a North Fort Myers family law attorney, Theresa Daniels understands that there is nothing more important than the welfare of your child. She works tirelessly to ensure their needs are met with compassionate guidance and strong, reliable representation. Her straightforward and clear answers provide perspective on child custody concerns. Let Daniels Law, P.A. help you move forward. Call (239) 766-6510.

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