Will I see my kids if I get divorced

Hey there! So, you’re considering a divorce in Florida, and one of the big questions on your mind is, “Will I still get to see my kids?” It’s a totally valid concern, and the good news is that in most cases, the answer is YES. Let's chat about how this all works under Florida law and what you can expect.

The Big Question: What About the Kids?

First things first, let’s get it out there: divorcing your spouse doesn’t mean divorcing your kids. Kids are often the most important consideration in any divorce, and Florida courts take this very seriously. Their main goal is to ensure that your kids’ best interests are always front and center.

Understanding Custody and Timesharing in Florida

When you hear terms like “custody” and “timesharing,” it can sound a bit legalistic and intimidating. But it’s really just about figuring out how you and your ex will share time with your kids under Florida law.

1. Parenting Plans: In Florida, you’ll need to create a parenting plan. This plan outlines how you and your ex will share time with your kids and make decisions about their upbringing. It’s required by Florida law and must be approved by the court.
2. Timesharing (Visitation): Florida law doesn’t use the term “visitation” anymore. Instead, it’s called “timesharing.” This is about scheduling the time each parent spends with the kids. The court prefers arrangements that allow both parents to be involved in their kids’ lives.
3. Parental Responsibility: This refers to making major decisions about your kids’ lives, like their education, healthcare, and religious upbringing. Florida courts typically prefer “shared parental responsibility,” meaning both parents have a say in these important decisions.

Creating a Parenting Plan

One of the best ways to ensure you get to see your kids regularly is by creating a solid parenting plan. This plan should be detailed and include:

• Timesharing Schedule: Specify who the kids will be with on weekdays, weekends, holidays, school vacations, and special occasions.
• Decision-Making Authority: Outline how you and your ex will make decisions about your kids' education, healthcare, and other significant matters.
• Communication: Set guidelines for how you’ll stay in touch with your kids when they’re with the other parent (think phone calls, video chats, etc.).

Courts Want You to Stay Involved

Here’s the thing: Florida courts generally believe that kids do best when both parents are involved in their lives. So, unless there’s a serious reason why it wouldn’t be safe or healthy for your kids to be with you (like issues of abuse or neglect), the courts will work to ensure you get plenty of time with your kids.

Factors Courts Consider

When deciding on a parenting plan and timesharing schedule, Florida courts consider several factors, including:

• The child's relationship with each parent.
• Each parent’s ability to provide a stable environment.
• The child’s home, school, and community record.
• Each parent’s willingness to support a relationship between the child and the other parent.
• The mental and physical health of each parent.
• The child’s preference, if they are mature enough to express it.

Making It Work

Of course, co-parenting can come with its challenges. But here are some tips to make it a bit smoother:

• Stay Positive: Keep a positive attitude when talking to your kids about the other parent. They need to know it’s okay to love both of you.
• Communicate Openly: Keep the lines of communication open with your ex. Use tools like shared calendars and apps designed for co-parenting to keep things organized.
• Be Flexible: Life happens, and sometimes plans will need to change. Being flexible and understanding can go a long way in making co-parenting work smoothly.

What If Things Get Complicated?

Frequently Asked Questions

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Child Custody & Divorce practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.

If things get a bit messy, don’t worry. There are resources to help you:

• Mediation: Florida encourages mediation to help parents come to an agreement that works for everyone.
• Therapy: Family therapy can help everyone process their emotions and work through the changes.
• Legal Help: A good family lawyer can guide you through the legal aspects and ensure your rights are protected.

Looking Forward

Divorce is a big change, but it doesn’t mean losing time with your kids. With a good plan and a positive approach, you can ensure that your relationship with your kids stays strong and healthy.Here’s to making the best of a tough situation and looking forward to brighter days ahead with your kiddos! 🌟