Parenting Plan: Is it common for the courts to give each parent equal time sharing?

Asked over 1 year ago - Miami, FL

I proposed a Parenting Plan that would allow the children to live with each parent every other week.

I'm temporarily unemployed but I do have a home and the financial resources to take care of my children. Would the courts look at my unemployment situation regarding this issue?

Attorney answers (3)

  1. Gregory Thomas Buckley

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . The courts start with a presumption that it is in the child's best interests to spend time with both parents. The court will then examine other factors in making a determination of which parenting plan is set for the child.

  2. Karen Tallent Munzer

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . The starting point is an equal time share for both parents. The work schedules of each parent are evaluated, the school schedule of the children are looked into. If both parties agree, I have seen parenting agreements where the visitation of the child rotates week to week. This is usually done where the child is of preschool age. Once a child is in school the rotating week custody can be disruptive to the child's education. You should consult with an attorney in your area.

  3. Sema Yildirim

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The courts number one concern is the best interest of the child. Not your unemployment--although the Judge, as a fact finder, will consider the whole picture. You want to establish that you are a good parent, you can provide a safe home. You can actually turn your unemployment into something positive! You are always at home, you can get up and dress them, make them breakfast, be with them when they are ill at home, pick them up from school, and help them with their home work! It is definitely in their best interest to have a caring, available parent. The courts will prefer a parent to take care of the kids, rather than a third party. It could actually work for you, if, as you say you also have the financial resources. Tell the judge, when the kids are with the other party, they would be at day-care or a third party care provider while the other parent is at work. When they are with you, they are only under your (a parents) care.
    GOOD luck

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