Frequently Asked Questions

FAMILY LAW/DIVORCE 1. Child Custody, Parental Responsibility and Visitation? In Florida, we do not have custody any longer. We now call custody shared parental responsibility with a primary residential parent and a secondary residential parent.             Each parent, after a divorce, retains their full share of parental responsibility. Both parents have a right, by law, to remain involved in the education, religion, upbringing, activities, and medical care of the child. Some people know this as "joint custody".             The primary residence of the child will be the child’s "home base". The primary residential parent usually takes care of the day-to-day needs of the child and the secondary residential parent, at the second home of the child, has specific visitation periods. The Court will decide the primary residence of the child based upon what the judge believes is in the child’s best interest. Some people want to have rotating custody of the child where the child lives for a period of time in one house and a period of time in another. Despite good intentions, such arrangements are usually not practical for the child or parents and create a problem when the child goes to school. The judges of our circuit usually do not favor rotating custody and approval is rare. All arrangements regarding the children must be approved by the judge, even if the parties agree.             We have circuit guidelines for both in state and out-of-state visitation. While it is better for the parties to make their own arrangements, we like to have specific guidelines with dates and times to follow on those occasions when the parties cannot agree. We also insert specific language in the final judgment to inform the parties of their general rights under Florida law. We call this Shared Parental Responsibility language. SHARED PARENTAL RESPONSIBILITY             Each party shall retain full parental rights and responsibilities with respect to the minor child. The parties shall confer so that all significant decisions affecting the welfare of the minor child shall be made jointly.             Each party shall be responsible for providing sound, moral, social, economic and educational environment for the minor child. The parties shall consult and cooperate fully with each other in all matters relating to the health, education, significant disciplinary problems, and extra-curricular activities of the minor child.             Each party shall seek to promote and encourage the love and esteem of the minor child for the other party. Neither party shall intentionally do anything to estrange or alienate the minor child from the other party. The provisions mentioned herein regarding the minor child shall be reasonably exercised by each party, with due consideration for the other party’s routines, plans, privacy and needs and shall not be exercised in a manner that will impose unreasonably upon the other party or the minor child.             The parties shall be flexible towards each other in accommodating each other’s custodial schedules or in making any necessary or desired modifications thereto, due to their work scheduling, child’s school scheduling, medical requirements, or routines, or any other requirements of the parties.             Any time the child resides with either parent, the party then not having physical custody of the child shall be entitled to reasonable and regular telephonic communication with the child, and the child shall have the right to call either parent at any reasonable time.             At such times as either party has the physical care, custody or control of the minor child, that party shall keep the other reasonably advised, and if practicable, in advance, of the child’s welfare, whereabouts and circumstances, including the address and telephone number for the child. Each party shall in all respects and at all times keep the other informed as to all happenings and developments of significance with regard to the child.             Both parties shall have equal access to all records pertaining to their minor child, including, but not limited to: school reports, progress reports, report cards, medical records and like records. Each parent shall cooperate in assuring that the other is regularly furnished such material as school report cards, progress reports, and announcements needed for each parent to be reasonably informed as to the child’s educational status and progress.             Each parent shall furnish the other reasonable notice and information about such events as teacher conferences, school open houses, athletic events, recitals, plays and such other events as are commonly attended by parents. As an alternative to providing the aforesaid information to each other, the parents may arrange for such information to be provided directly by the child’s schools or other organizations with which the child is involved.             Both parties shall be entitled to participate with and attend special activities in which the child is engaged, such as religious activities, school programs, sports events and other extracurricular activities and programs and important social events which the child is in or in which they may be engaged or involved.             Each party shall promptly notify the other party of any serious injury or serious illness of the minor child that require the treatment of a physician or other health care facility. Some decisions must be made on an emergency type basis and in such event each of the parties has acknowledged full confidence in the other’s ability to make a unilateral decision for the minor child’s welfare which would otherwise be a joint decision of the parties. However, the parent making an emergency type decision shall notify the other parent of that decision as soon as is practicable thereafter.             If the child becomes seriously ill, the parties shall have the right to visit with the child where the child is confined by said illness.             The parties shall keep each other fully and promptly informed of their current residential address and telephone number, place of employment, and address and telephone number(s) of employers.             In the event of a dispute between the parties with regard to any matters concerning the child, the parties shall attempt to work cooperatively with one another in resolving such disputes. In the event the parties are unable to resolve any disputes between themselves, they shall cooperate in seeking counseling or discussion with a reasonably qualified third party in an effort to resolve such disputes. This shall not preclude any other remedy available at law or equity.             Neither party shall make any derogatory remarks about the other parent in the presence of the child. Each party shall do everything he or she reasonably can to prevent the child from being subjected to derogatory remarks about the other parent by any person. Each party shall be pleasant and polite in communicating with the other party in the presence of the child.             The parties shall seek to harmonize as fully as possible their child rearing rules and practices so that the child will not be subjected to damaging inconsistencies or conflicts. Each shall seek to preserve and uphold as fully as reasonably possible all reasonable rules and practices generally followed by the other party with regard to the child. FOURTH JUDICIAL CIRCUIT GUIDELINES VISITATION LOCAL VISITATION             Each of the parties shall exercise the utmost good faith and shall consent to all reasonable visitation requests by the other parent. Each child has a right to spend substantial time with the non-residential parent and the residential parent is expected to provide access to the child(ren) at unscheduled times if requested and if to do so does not unreasonably disrupt prior planned activities of the child(ren) or the residential parent. Therefore, not as a limitation, but as an extension of the foregoing, the secondary residential parent is entitled to and shall have the following minimum visitation rights with each child: A. WEEKDAYS: One evening per week from immediately after school/work through 8:30 P.M.. If the parents cannot agree upon the day, then it shall be Wednesday. B. WEEKENDS:                         1. Every other weekend, commencing on _______, 2003. Should the non-residential parent’s regular weekend fall on a three-day weekend which is observed by both the non-residential parent and the child(ren)’s school and the weekend is a holiday not otherwise expressly provided for below, the non-residential parent shall be entitled to the three day weekend.                         2. As to paragraph B(1), the residential parent shall have the alternate weekends. As to paragraphs C(1) through C(7) below, the residential parent shall be entitled to the same time with the child(ren), but in alternate years.             C. HOLIDAYS:                         1. Christmas Vacation: Every Christmas Season, in even-numbered years, from immediately after school/ work the day school lets out through December 25th, at 3:00 P.M.. During odd-numbered years, from 3:00 P.M. December 25th, through 6:00 P.M. the day before school resumes.                         2. Spring Vacation: School spring break from immediately after school/ work the day school lets out through 6:00 P.M. the day before school resumes in the even-numbered years.                         3. Thanksgiving: Thanksgiving weekend (from immediately after school/ work Wednesday through 6:00 P.M. Sunday) in odd-numbered years.                         4. Mother’s Day/ Father’s Day: The child(ren) shall be with the mother on Mother’s Day weekend and with the father on Father’s Day weekend, and with the other parent the following weekend.                         5. Easter: Easter Weekend (from immediately after school/ work Friday through 6:00 P.M. Sunday) in odd-numbered years.                         6. Independence Day: Independence Day (from 9:00 A.M. July 4th through 9:00 A.M. July 5th, except it shall be a three-day weekend if July 4th falls on a Friday or a Monday) in odd-numbered years.                         7. Birthdays: Birthdays of the child(ren) in even numbered years.                         8. Weekends Defined: If a weekend provided for above is a two-day weekend, it shall be from immediately after school/work on Friday through return at 6:00 P.M. on Sunday. If a weekend is a three day weekend, it shall be from immediately after school/work the day before the weekend (Thursday or Friday) through return at 6:00 P.M. the day before the first school day following the weekend. Even though several of the above visitation provisions are related to “school”, the non-residential parent shall have comparable visitation with pre-school child(ren).                         9. Holiday Precedence: Holiday and special occasions as provided in paragraphs C(1) though C(7) shall have priority over regular weekday and weekend visitation. In the event a holiday visitation shall have the effect of creating three (3) consecutive entire weekends with one parent, then the third such weekend shall revert to the other parent and the weekends shall alternate thereafter. D. SUMMER VACATION:                         1. One-half of summer school vacation (or equivalent if the child(ren) is below school age). If the parents are unable to agree upon the dates for such visitation, then the visitation shall commence at 9:00 a.m. on the second Saturday in June and shall continue for a period equal to one-half of the school summer vacation (or equivalent thereto if the child is not in school), but the provisions provided for regarding Father’s Day, the child(ren)’s birthday, and July 4th shall have priority. During such time, the residential parent shall also be entitled to the weekday and weekend visitation provided the non-residential parent. Notwithstanding , during the summer, each parent shall be entitled to reasonable extended, out-of-town vacation time uninterrupted by sharing the child with the other parent.                         2. If a child is enrolled in child care, then the same child care shall be made available to the non-custodial parent during his/her period of exercising summer visitation, and the custodial parent shall continue to pay the cost thereof as during the rest of the year. E. CONFLICTS:             Both parents shall endeavor to be punctual in transferring the child(ren). If circumstances prevent either from being punctual, the parents shall communicate and cooperate appropriately. F. CANCELLATIONS:             Each parent shall give the other parent at least 24 hours advance notice (or if an emergency occurs, as quickly as possible), is he/she will be unable to exercise weeknight, weekend, Father’s Day, Mother’s Day, or birthday visitation. As to holidays, there shall be one week advance notice; as to Christmas and Summer, one month advance cancellation notice. Notice as to Christmas and Summer vacation shall be in writing. LONG DISTANCE VISITATION             Each of the parties shall exercise the utmost good faith and shall consent to all reasonable visitation requests by the other parent. Each child has a right to spend substantial time with the non-residential parent and the residential parent is expected to provide access to the child(ren) at unscheduled times if requested and if to do so does not unreasonably disrupt prior planned activities of the child(ren) or the residential parent. Therefore, not as a limitation, but as an extension of the foregoing, the secondary residential parent is entitled to and shall have the following minimum visitation rights with each child in the event that the non-residential parent resides more than 280 miles from the child(ren)’s primary residence, the non-residential parents is entitled to and shall have the following minimum visitation rights with the child(ren): A. WEEKENDS:             The secondary residential parent may exercise alternate weekend visitation, as provided for in the Fourth Judicial Circuit Visitation guidelines, in the vicinity of the primary residential parent’s residence. Alternatively, the non-residential parent shall have weekend visitation at a location designated by the non-residential parent once per month on any weekend during a given month that would encompass a three day weekend, as well as visitation in the vicinity of the residential parent’s residence on the alternating weekend, when able. In the event there is no such three day weekend during a given month, the first weekend of the month would be the weekend designated for visitation, unless otherwise agreed upon by the parties. Said visitation shall commence as early as practible and no later than 5:00 p.m. on the day before the holiday or on Friday, whichever comes first, and conclude at 5:00 p.m. on the day before school resumes or Sunday, whichever is later. B. HOLIDAYS:                         1.            Christmas Vacation: The non-residential parent shall have visitation in the even-numbered years from 5:00 p.m. on the day school dismisses to commence the Christmas vacation to 5:00 p.m. on December 27th; and in odd-numbered years from 5:00 p.m. on December 26th to 5:00 p.m. the day before school resumes.                         2.            Spring Vacation: The non-residential parent shall have visitation the entire spring vacation, annually, from 5:00 p.m. on the last day of school to 5:00 p.m. on the day before school resumes. If there is another break encompassing five (5) consecutive weekdays, then on that break, as well, the non-residential parent shall have visitation from 5:00 p.m. on the last day of school to 5:00 p.m. on the day before school resumes.                         3.            Thanksgiving: The non-residential parent shall have visitation in the odd-numbered years, from 5:00 p.m. on the Wednesday before Thanksgiving until 5:00 p.m. on Sunday. In the even-numbered years, the primary residential parent shall have Thanksgiving with the child(ren).                         4.            Mothers Day/Fathers Day: Mother’s Day and Father’s Day shall be spent with the parent being honored by the holiday in question, from 5:00 p.m. on the Friday prior to the holiday until 5:00 p.m. on Sunday. The non-residential parent’s visitation shall take place in the vicinity of the primary residential parent’s residence unless said visitation coincides with the non-residential parent’s summer vacation visitation.                         5.            Birthdays: The child(ren) shall celebrate his or her birthday in the home of the residential parent unless the birthday falls on a regularly scheduled visitation date with the non-residential parent.                         6.            Non-Specified Holidays: Should the parents jointly recognize a holiday not specifically mentioned in this Order, each parent shall cooperate with the other in providing visitation with the non-residential parent for the entire holiday in even-numbered years and in working out beginning and ending times for such visitation. C.             Summer Vacation:               The non-residential parent shall have summer visitation with the minor child(ren), commencing five (5) days following the end of the school term and ending two weeks prior to the start of the new school term. During the summer vacation visitation, the primary residential parent shall have visitation as set forth in paragraph A herein. The primary residential parent’s visitation shall take place in the vicinity of the non-residential parent’s residence. D. Summer School:             If a child is required to attend summer school to pass to the next grade, it must be attended and the above described Summer Vacation schedule does not apply. Weekend visitation as set forth in paragraph A of this Order shall apply during summer school. The non-residential parent’s summer vacation visitation will commence at 5:00 p.m. on the Friday following the conclusion of summer school and last until 5:00 p.m. on the fifth day prior to the commencement of the new school year.             E. Open Telephonic Communication:             When the child(ren) are with one parent, the other parent shall have open and reasonable telephonic communication with the child(ren). Said telephonic communication shall be agreed upon by the parties. However, in the event the parties are unable to agree, the parent that does not have the child(ren) with him or her shall have telephone contact on Thursdays and Sundays between 7:00 p.m. and 7:30 p.m. Each parent shall provide the other with an email address and make email available to the child(ren) for the purpose of communicating with the other parent, as long as there is computer service in the home. F. School Calendars:             School calendars shall be provided to the non-residential parent by the primary residential parent immediately upon receipt. The residential parent shall also advise the non-residential parent of events not appearing on school calendars as soon as practical after becoming aware of the dates of such events.             G. Conflicts:             Regular weekend and summer vacation visitation shall be had in accordance with the schedule set out in this Order. Should there be any conflict between the regularly scheduled and the holiday visitation, the holiday visitation will control, to wit: the visitation set out in paragraphs B and C takes precedence over the visitation set out in paragraph A. H. Transportation Costs:             Transportation costs shall be shared equally by the parties.             I. Mode of Transportation:             The mode or method of transportation shall be agreed upon by the parties or left to the discretion of the Court. J. Waiting Period:             The child(ren) and the parents shall be required to wait a reasonable period of time for the visiting parent to pick up the child(ren) to begin any visitation. Consideration shall be made for the distance between the various parties and the mode of transportation used to exercise the visitation, as well as unforeseen delays and flight schedules. K. Cancellations:             Cancellations by the non-custodial parent of any of the aforementioned visitation shall be made in writing and at least 14 days prior to the scheduled commencement of said visitation.