Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent lives out-of-state and primary timesharing is awarded to the parent residing in Florida, the court creates a parenting plan that takes into account the state’s policy for each parent to have frequent and continuing contact with their children after separation. One consideration in a Florida long-distance parenting plan is the travel costs that will be incurred as a result of timesharing between two states. In the case Beck v. Lewis, 2D18-2319 (Fla. 2d DCA August 9, 2019), the father appealed a timesharing order that made the out-of-state mother the primary residential parent.
Previously, while the parties were married, their child resided with the maternal grandmother under a temporary custody order. Once the parties separated, the mother filed a motion to dissolve the temporary custody order and reestablish her custody of the child. Subsequently, the father filed a petition for divorce seeking primary timesharing with the child.
After a hearing, the trial court granted the mother’s motion to dissolve the temporary custody order and awarded her primary residential care of the parties’ child. The father was awarded one weekend per month and summer timesharing. On appeal, the father argued the schedule set forth by the court severely impacted his ability to earn a living since he was a DJ who primarily worked on the weekends. He further argued the financial burdens placed on him would effectively prevent him from seeing his child. The appellate court held, “Although we have determined that the Father has not established reversible error, we note that the trial court must again consider the parties' circumstances, including financial, before it enters a final judgment that establishes a parenting plan with a time-sharing schedule and child support pursuant to the requirements of section 61.13, Florida Statutes (2015). See Aranda v. Padilla, 216 So. 3d 652, 654 (Fla. 4th DCA 2017) (reversing a final judgment when the trial court ‘fail[ed] to consider the parties' respective financial positions’ in apportioning travel costs associated with time-sharing). Of course, when entering the final judgment, the trial court may revisit its decision on temporary relief based on the evidence presented to it at the final hearing.”
Most, if not all, parents want to maximize the time they spend with their children after divorce or separation. To create a Florida parenting plan that takes into account the unique aspects of your family, contact a Miami child custody lawyer to set a consultation.