Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents live in different states this can give rise to a long-distance Florida parenting plan. The best interest of the child is the paramount concern in creating a parenting plan. In Edkin v. Edkin, 5D19-2590 (Fla. 5th DCA March 20, 2020) at issue was a long-distance parenting plan that provided for a rotating timesharing schedule between two states.
The parties’ final judgment of divorce was entered when their child was 6 years old. The court ordered a rotating schedule wherein the child would reside in Florida with the mother and attend school in Orlando for the fall semester. By December 31, the child would go to Oklahoma where she would remain with her father for the rest of the school year. The parties were to split the summer and holiday breaks. The father’s petition for divorce requested reasonable timesharing, and requested that he be permitted to relocate to Oklahoma without the child. The mother appealed the trial court’s order.
In reversing the parenting plan, the appellate court held it was error for the trial court to order such a rotating schedule when neither party requested the same in the pleadings. Framing your pleadings at the start of the case to ask for what you want is important for the outcome of the case. Schedule a consultation with a Miami child custody lawyer to understand how to proceed in your case.