Modification of parenting responsibility and time sharing

Question 1

Modification of parenting responsibility and time sharing

Answer 1

There must be a substantial, material, and unanticipated change in circumstances AND best interests of the child.

Question 2

Relocation over 50 miles

Answer 2

To relocate principal residence by more than 50 miles parent must:

• secure written relocation agreement from the other parent or anyone who has time-sharing with the child with access for time-sharing and travel arrangement, OR
• court order/approval

Question 3

Relocation over 50 miles factors

Answer 3

• Involvement of and relationships with parents, siblings, and other important people
• Age and needs of the child
• Employment and financial circumstances
• Child’s preference if of sufficient maturity
• History of promoting parenting time
• Whether the move will enhance the child’s quality of life
• Motives of the parents
• Whether child support is current
• History of domestic violence or substance abuse
• Any other factor regarding the child’s best interest

Question 4

Relocation agreement

Answer 4

• Signed writing
• Show consent to relocation
• describe access or time sharing schedule, and
• necessary transportation arrangements.

Question 5

Military service

Answer 5

Uniform Deployed Parents Custody and Visitation Act.

Enacted in Florida in 2018.

Past deployment or possible future deployment is NOT a factor in determining the best interests of the child.

Question 6

Termination

Answer 6

The parental responsibility order terminated:

• at death of the custodial parent; or
• when the child reaches the age of majority.

Question 7

Enforcement of parental responsibility and time sharing orders

Answer 7

Failure to pay alimony/child support is NOT grounds to refuse time sharing.

Failure to honor time-sharing remedies:

• make-up time
• attorney’s fees and costs
• parenting course
• community service
• modify parenting plan
• other sanctions

Question 8

Risk child will be removed from the state

Answer 8

Court can:

• order the child’s passport be surrendered to the state
• order the parent to post a bond or other security
• restrict travel to only those countries that are part of the Hague Convention
• require written consent of both parents or a court order for travel

Question 9

Third party visitation

Answer 9

Noncustodial parent’s visitation rights are incorporated into the time sharing agreement.

Grandparents may petition for visitation in limited circumstances:

• Both parents are dead, missing, or in a persistent vegetative state; or
• one parent is dead, missing, or in a persistent vegetative state and the other has been convicted of a felony or violent offense that poses a substantial threat of harm to the child

Unwed biological parent
-has fundamental right to contact child if parent has a demonstrated a commitment to parental responsibilities