Domestic Violence and Your Miami Child Timesharing Case – Learn all About How Domestic Violence May Play A Role in Your Parenting Plan
By now, most Miami residents and individuals who are seeking a divorce likely know that the age-old laws that used to require those in Miami seeking a divorce to prove “grounds” in order to get a divorce have been replaced by Florida’s “no-fault” divorce laws. Indeed, under current Florida marriage and divorce laws, rather than requiring a person seeking a divorce to prove a specific reason that the divorce has failed, now an individual seeking a divorce must simply plead that their divorce is “irretrievably broken” and that it cannot be repaired. But what happens if a person seeking a divorce is the victim of domestic violence by their soon-to-be ex-spouse? Does the fact that there is domestic violence in the marriage have any bearing on any aspect of the Miami divorce proceedings? The answer is yes. Here we discuss one area in which domestic violence may impact your Miami divorce case: Child Timesharing and your parenting plan.
The Element of Domestic Violence in Miami Child Timesharing Cases
While the fact that there is domestic violence in a marriage alone may not help an individual in Miami get a divorce decree, it can impact aspects of their divorce case. There are a number of ways in which domestic violence can impact the divorce proceedings, and one of those areas is the issue of Child Timesharing and the parenting plan. Under Florida laws, “For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration.” Florida laws further establish that, “A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child.” Accordingly, in order to make that determination, the law describes that “Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to…Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.” As such, it is clear from the Florida Statutes that the fact that domestic violence is an issue in the marriage may be a factor for consideration when it comes to crafting the parenting plan.
Getting Legal Help with Your Miami Child Timesharing Case – Miami Child Timesharing Attorney
If you are in the Miami area and you need legal help with your Miami Child Timesharing case, contact the experienced Miami Child Timesharing attorneys at True North Law, P.A. The experienced Miami Child Timesharing lawyers at True North Law, P.A. are here to help Miami parents with their challenging Child Timesharing matters. Contact True North Law, P.A. today and speak to a lawyer about your case now.
