It is crucial that when going through a divorce when children are involved, the most important issue at stake is the relationship with your child. Whether you are the father or the mother, you need to make sure that the Child Custody Arrangement will protect that relationship. To make sure that you resolve your case with a fair and reasonable parenting plan, you must understand the three most important factors in the eyes of the Court. They are the "Best Interests of the Child", Joint or Sole Custody of the Child, and the "Time Sharing" arrangement between the parties.

 Best Interests of the Child

 The most important factor in the establishment of a parenting plan is the "best interests of the child" test. The primary concern of the Court that will ultimately approve or disprove the parenting plan is the best interests of the minor children. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the minor child, including the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. Courts will also consider who will hold the most duties after the divorce is final, the needs of the child, if both parents are stable, the geographic location of both parents, and any other factor under the scene.

 What is the Best Interests of the Child is a case by case question that may be addressed differently by different Judges. In legal terms, there is no "bright line" test that will give a specific answer to a specific situation. Every case is different.

 Joint Custody, or Joint Parental Responsibility

 Florida public policy makes the assumption that it is in the best interest of the child for the parents to share joint custody of the child. This means that both parents, regardless of which parent is awarded Majority time-sharing, share in the responsibilities of the child. Accordingly, in a typical joint custody scenario, both parents will be responsible for the child's welfare, and both parents will work together to make decisions regarding raising the child.

Ocassionally, the Court will leave certain responsibilities and decisions '"joint", but assign other day to day decision making to one of the parents. Every case is fact specific. It is imperative to consult a Tampa Divorce Attorney in your individual Joint Custody matter.

 The Time Sharing Plan, or Schedule

 Once the Best Interests of the Child and the Joint or Sole Custody Issues are addressed, it is time to address the third and final major issue of Child Custody: The Time Sharing Plan. A Time Sharing Plan is Florida's name for the schedule that lays out the visitation arrangement between the two parents and the child. Obviously the best interests of the child will weigh heavily in this determination. If one of the parents is morally unfit, he may have a difficult time establishing unsupervised visitation for any substantial length of period. Alternatively, if both parents are excellent parents and geographically close to each other, the Court may consider and approve a 50-50 time sharing plan (ie. Child with Mom on Monday, Tuesday, Wednesday, and, with Dad the rest of the week). It will be incumbent on your Family Attorney in Tampa or other Florida City to help you get the time sharing plan you are seeking.

 Unfortunately, while the all the above  factors seem objective and easy to understand, divorces often leave one or both parties determined to seek more than their fair share in regards to child custody, even at the expense of the child. Emotions can often lead to unfortunate behavior. It is precisely in these circumstances that you must lawyer up to protect not only yourself, but the future relationship between you and your child. We recommend the Tampa Family Attorney firm of Denmon & Denmon Trial Lawyers. They have an excellent family law group, and will aggressively fight on your behalf.

 This Author writes about a Tampa Divorce Attorney in Tampa, Florida. His Family Attorney in Tampa offers free initial consultations. You can contact a  Tampa Divorce Attorney  by viewing our website at  Our Website  or by contacting us by telephone at 813-554-3232 or toll free at 1-800-790-5641. We are located in Tampa, Fl at 918 W Kennedy Blvd.