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Miami Time-Sharing & Parenting Plan Attorneys

Parenting Plan Representation in Coral Gables

When minor children are involved in divorce or paternity proceedings, the parties are required to enter into a parenting plan that determines the day-to-day responsibilities of the parents over the children, as well as determine a time-sharing schedule, a holiday schedule, and parental responsibility over the major issues affecting a child’s life, such as, their education, religious upbringing, non-emergency medical decisions, and extra-curricular activities.

Our attorneys provide experienced guidance for time-sharing and parenting plan matters. Call (754) 704-1894 to schedule a consultation.

Shared vs. Sole Parental Responsibility

In Florida, a court can award the parties “shared parental responsibility,” or it can award one of the parties “sole parental responsibility”. There is a preference for shared parental responsibility under Florida Statute §61.13. Shared parental responsibility is a court-ordered relationship in which both parents retain full parental rights and responsibilities concerning their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly. Sole parental responsibility is a court-ordered relationship in which one parent makes decisions regarding the minor child without consulting the other parent. Furthermore, a court can order shared parental responsibility with ultimate responsibility over one or more aspects of the child’s life to one parent or divided between the parents.

When Will a Court Award Sole Parental Responsibility?

The court must order shared parental responsibility unless it finds that shared parental responsibility will be detrimental to the child. The court will consider evidence of domestic violence or sexual violence towards the child, and any reasonable cause to believe that the child may be in imminent danger of such violence or of neglect, abandonment, or any other act of abuse. The court will also consider the following evidence: (1) of a parent’s conviction for a misdemeanor in the first degree or higher involving domestic violence, (2) a parent’s conviction for, or if the parent had adjudication withheld for, an offense that requires the parent to register as a sexual offender pursuant to Florida Statute §943.0435, and the parent was 18 years of age or older and the victim was under18 years of age or the parent believed the victim to be under 18 years of age, and (3) if the parent is incarcerated and (a) the period of time for the incarceration will constitute a significant portion of the child’s minority (when determining significant, the court will consider the child’s age and need for a permanent and stable home), (b) the incarcerated parent has been determined by the court to be a violent career criminal, a habitual felony offender or a sexual predator, or the parent has been convicted of a first degree or second degree murder, sexual battery that constitutes a capital, life, or first degree felony violation, or has been convicted of an offense in another jurisdiction which is substantially similar to the aforementioned offenses, and (c) the court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and termination of parental rights would in fact be in the best interest of the child.

Understanding Time-Sharing in Florida

It is important to understand that the determination of parental responsibility is separate and distinct from the time-sharing schedule. A time-sharing schedule refers to the time the child spends with each parent and details where the child will be living from day to day during the year. Our goal at Hertz Sager is to resolve your case without causing you to lose all of your money and assets while retaining your dignity and sanity and obtaining an outcome that is in the best interest of your children.

Child-Related Issues in Divorce and Paternity Cases

The time-sharing and the determination of parental responsibility of your children are the most personal and, perhaps, the most important part of your case. Issues related to children that regularly arise and must be determined in divorce cases and paternity cases involve parental responsibility, co-parenting, time-sharing, residential determination, relocation, and post-judgment modification of these matters.

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“They Kept Us Informed”
“Christy Hertz and Katie Sager both attended to my family as if they were dealing with a familial issue of their own. They always made sure our concerns were voiced in court and kept us informed of the process every step of the way.”

- Kristal A.
“Protected My Assets”
“Christy Hertz, Katie Sager, and their staff were committed to ensuring the best outcome during my divorce. As a result of their professionalism and negotiation, my divorce settlement protected my assets and allowed me to close that chapter of my life.”

- Tracy S.
“Highly Recommend”
“I highly recommend Hertz Sager. The team is very professional, educated, attentive, and understanding. They helped resolve my divorce and achieve my goals. During the lowest time of my life, the team made sure that I was informed of every step in my case.”

- Marta M.
“Successfully Assisted My Family”
“Attorney Cristy Hertz and her firm were very professional and successfully assisted my family with personal legal matters. Her personal attention to detail and taking the time to really listen to my concerns was monumental.”

- Malia P.
“Helped Me Get Through My Divorce”
“Christy Hertz and Katie Sager helped me successfully get through my divorce. They understood my wishes and were able to communicate effectively with the opposing attorney. They explained each step of the process with clarity and patience.”

- Melinda B.
“Experienced, Professional & Honest”
“Christy and Katie are experienced, professional, and honest, and attentive to detail. When it comes to family law issues, it's easy to let emotions cloud your judgment, so it's important to have attorneys who give a realistic view of your case.”

- Julieth F.
“Forever Grateful”
“I shopped around for legal representation, and immediately knew that Katie Sager was it. She did what was best for both me and my family, and I'm forever grateful! She has a team of all-stars and has helped me through every twist and turn.”

- J M.
“Incredibly Trustworthy”
“Katie Sager exemplifies integrity, compassion, and determination in everything she does. She has an unwavering commitment to helping others and, among everything else, is incredibly trustworthy.”

- Brittany A.
“Amazing Family Law Team”
“Christy Hertz and Katie Sager are such an amazing family law team. They helped me navigate through a difficult time with compassion and patience. Having such a caring, committed team on my side made this unpleasant time in my life less stressful.”

- Angela H.

Protecting Your Children's Best Interests

We know that you will always try to consider the best interests of your children. However, your spouse or opposing parent may be more focused on the monetary aspects of your case. We will focus our efforts on the heart of your case, the children. We will strive to ensure that your children are protected and sheltered from the turbulence of any legal disputes.

Parenting Plans Following Surrogacy or IVF

If you have a parenting plan or wish to modify your parenting plan that resulted from surrogacy or IVF and are not married to the other parent, the attorneys at Hertz Sager can help you to reach a resolution that is in the best interest of your child or children.

Mental Health Support During Family Law Cases

Cases involving children are necessarily emotional and may become quite complicated. We can direct you to an appropriate mental health professional if it appears that you or your children will benefit from such crisis management.

The Role of a Guardian Ad Litem

Sometimes, your case may require a Guardian Ad Litem to conduct an impartial investigation and to act as the eyes and ears of the judge. We have experience serving as Guardian Ad Litems in complicated and contentious cases, so we know when it is appropriate to have the court appoint a Guardian Ad Litem and help you with such an investigation. At all times, our focus is on the best interests of your children based upon your beliefs and values for them.

Social Investigations in Parenting Plan Cases

Another useful tool the court can use to make decisions in the best interest of the child is a social investigation. In an action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent under Florida Statute §61.20.

A social investigation must be conducted by a qualified staff member of the court, a child-placing agency, a mental health counselor, a psychologist, a clinical social worker, or a marriage and family therapist. The parties may agree on the investigator, subject to approval by the court, or the court may select the investigator. The agency or person conducting the investigation will furnish the court and all parties a study containing recommendations and facts upon which those recommendations are based. Thereafter, the court will consider the study in making a decision on the parenting plan. The court may order additional testing if the court finds the original investigation is insufficient and further testing would be in the best interests of the child.

Psychological Evaluations in Family Law Cases

Social investigations may also include psychological evaluations of the parents and/or the children. A court may order a psychological evaluation of a party if the party’s mental health is in controversy and good cause exists for a psychological evaluation, consistent with Family Law Rule 12.360. Crane v, Crane, 353 So.3d 702 (2023). The Crane case clarified Florida Statute §61.20, which governs social investigations in Florida. This case was worked on by the attorneys at Hertz Sager, who have a deep understanding of social investigations and psychological evaluations.

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