Timesharing can be difficult for many families, especially during the COVID-19 pandemic. As families continue to practice social distancing to mitigate the spread of the virus, issues may arise when the children are being exchanged between households and parents may want to deviate from their timesharing plan. However, the Florida Statutes and most timesharing agreements do not include any emergency timesharing provisions to cover these obstacles.
Courts will decide on a case-by-case basis whether or not a parent is being reasonable when refusing timesharing with the other parent. Therefore, it is important that both parents act in the best interests of the children when making any decisions.
Unreasonable unilateral decisions may subject a parent to contempt penalties. It is important to keep in mind that the risk of being found in contempt of court for deviating from the timesharing agreement is greater when the risk of harm to the children’s health is remote. Above all, any decision that makes changes to the parenting plan and/or timesharing schedule should be made in the best interests of the children and to protect their health.
About the Author: Josephine Jorgensen concentrates her practice in the areas of complex business and commercial litigation, condominium and community association law and family law. Josephine Jorgensen received her Juris Doctor from University of Miami School of Law, graduating cum laude.
Miami-based Habel Law set up shop in two new cities in South Florida to expand…
As most construction litigation practitioners are aware, the vast majority of construction defect cases settle…
In the world of high-end residential real estate, developers are constantly pushing the boundaries of…
The reading of a community association’s election results can be filled with mixed emotions ranging…
A well-drafted partnership agreement among law firm partners is often the initial step to long-term…
The leadership team at Haber Law today announced the promotion of long-time office administrator, Nilka…