Time-Sharing Agreements
If you are divorcing and have children, you will need to have a parenting plan in place. This parenting plan outlines how parents will share the responsibilities of raising their children. It will need to include various schedules, including time-sharing agreements.
Also called a time-sharing schedule, a time sharing agreement discusses where the child will live and when the non-custodial parent will visit. The courts focus on the best interests of the child. Therefore, they will ensure the time-sharing plan prioritizes the children’s best interests while supporting parent–child relationships.
Getting Time Sharing Rights
Child custody refers to the legal rights and responsibilities that a parent has over the care and upbringing of their child. Child time-sharing refers to the legal rights that the non-custodial parent has, so if the parent does not obtain any type of physical custody over the child, they will typically be granted time-sharing.
When setting child time-sharing rights, the court will take the child’s best interests into consideration. It will also look at factors such as:
- The age of the child.
- The location of each parent.
- The employment history of both of the parents.
- The child’s living preference (if the child is old enough).
- Each parent’s daily work and life schedules.
What is in a Time-Sharing Agreement?
Ideally, the parents will create a time-sharing agreement together. If not, the court will create one. A typical agreement may include:
- The child’s main residence.
- A detailed time sharing schedule.
- Activities that the child is involved in.
- Geographic restrictions.
- Modification instructions.
There are two main types of time-sharing agreements:
- Unsupervised. This is the most common time-sharing. It allows the non-custodial parent to spend their scheduled time with the child without being supervised by a neutral third party.
- Supervised time sharing. The court may order supervised visitation guidelines if any of the following applies:
- Parenting concerns
- Mental illness
- History of abuse
- Substance abuse or neglect
- Threat of kidnapping
Make Sure the time-sharing Agreement is Valid
Time-sharing schedules are only enforceable if they have been approved by the court. Even if the parents agree on the specifics, the court will not be able to enforce anything in the document unless they have approved it ahead of time.
If one of the parents violates the time-sharing schedule, there may be serious consequences. The violating parent may be punished in several ways. They may lose time-sharing rights, be held in contempt of court, and even face criminal charges.
Contact Our West Palm Beach Family Law Attorney Today
Raising a child is a huge responsibility. That is why if you are divorcing, you will need a parenting plan that has time-sharing agreements and schedules in place.
Divorce comes with many elements as well as many decisions that you must make. West Palm Beach family law attorney Brian K. McMahon, P.A. can help you make those decisions and handle all of the legal aspects that come with them. Schedule a consultation with our office today by calling (561) 658-1789 or filling out the online form. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.