Gabrielle S. Davis, P.C.

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Florida Custody Law Mandating a 50/50 Split Vetoed

More and more fathers are demanding equal time with their children or "split custody". When they talk child custody, they want half the time with their kids. In the State of Florida, a bill was recently introduced which would have required a 50/50 split.

That bill was vetoed by the governor. Governor Rick Scott stated that he was concerned that the bill put the needs of the parents ahead of the needs of the child. That bill also put limits on alimony but Governor Scott focused his objections on how it would effect child custody and visitation.

Child-holding-fathers-fin-001.jpg In my experience, there are cases where it would not be in the child's best interests to spend that much time away from one parent and with the other parent. What if one parent insists on living 20 miles away and the commute is one to two hours in heavy traffic? What if one parent has a very heavy work schedule and is simply not there to attend to the child's needs for hours and days at a time?

Here in Illinois as of January 1, 2016, we have new divorce and custody laws but there is no presumption that a child should spend 50% of his or her time with both parents.  We have left it up to the parents and the judges to decide what is in their child's best interests.

If you are a father or mother fighting for your rights to be with your child, I encourage you to point out when you are available to be with that child and how you intend to be active in the child's life and activities so that you can get the time with your child that he or she needs.

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