I’m Afraid My Spouse Will Win Full Time-Sharing! What Next?

Florida’s laws support each parent having equal time-sharing with a child. There is not preference given to the mother or the father. Oftentimes, a spouse may threaten to fight for full time-sharing. However, for a parent to win full time-sharing, they must successfully prove that the other parent 1) is unfit or 2) is trying to turn the child against the parent requesting full-time sharing. To prove these accusations, your spouse would need to convince the court that one of the following situations apply to you:

• Addicted to drugs or alcohol
• Neglectful – e.g., leave the child at home unattended for long periods of time; do not properly bathe, dress, or feed the child
• Living in an unsafe environment – e.g., have vermin or significant amounts of mold in the home, have improperly secured weapons
• Severely mental ill, such that you are incapable of taking care of the child
• Bad-mouthing the other parent and trying to alienate the child from them

If any of these situations apply to you, contact a family law attorney to find out the best way to prove to the court that you are taking steps to improve your situation and that you should be awarded time-sharing with your children.

If these situations do not apply to you, but you are afraid your spouse will try to convince the court otherwise, take the following steps:

• Always show good judgement – avoid drinking, doing drugs, or smoking.
• Be careful with what you write to your spouse – always be civil and polite in any emails or texts.
• Never speak negatively of your spouse when your children could overhear.
• Take an active role in your child’s life – be involved in their schooling, activities, and health care.
• Ensure that your home is kept clean and stocked with age-appropriate toys, books, and food.
• Take a social media hiatus. Your spouse could use your posts, comments, or likes against you.

Make sure to also contact a family law attorney, like Troy Legal, who can make specific recommendations based on the details of your situation.

With the guidance of their attorneys, most parents are able to work out an equitable time-sharing agreement on their own. If this is not possible, the court will determine the time-sharing agreement. In some cases, the court may assign a guardian ad litem. This is an attorney who works as an impartial investigator to determine the time-sharing arrangement that is in the child’s best interest.  The guardian ad litem interviews both parents, the child, and other relevant adults like teachers and medical professionals. They develop a report for the court with their recommended time-sharing plan. The court is not required to accept the recommendation, but they tend to give it a lot of weight.

If you are concerned about your time-sharing arrangement, contact Troy Legal right away. We are aggressive with pursuing our clients’ rights to time-sharing, experts at providing advice for working with guardians ad litem, and pros at navigating the Florida family court system.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.