Rockledge, FL asked in Family Law and Child Custody for Florida

Q: Florida.Parenting plan states on specific date, father shall exercise time sharing and then every other weekend after.

Child asked to go to a sleepover birthday party during father timesharing weekend. Father does not wish to travel to take child. Father states that mother should make arrangements with his mother for the entirety of his timesharing weekend. He would not be with child, however seeking to pawn off to grandmother. There is no first right of refusal clause. There is a paragraph that states “mother shall have timesharing at all other times when the child is not otherwise timesharing with the father.” Does this mean, since father is essentially “forfeiting” his timesharing, that mother can keep child without making arrangements for grandmother to have child during his timesharing.

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1 Lawyer Answer
Rand Scott Lieber
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Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The father is responsible for his timesharing. You do not need to make arrangements with his mother. You do not mention how the exchange is handled or how old the child is. Normally a parenting plan says that if a parent does not show up to exercise timesharing after a certain period of time the other parent can go on with their lives. Both of you should try to put the child first. Read your parenting plan carefully to determine your rights and responsibilities. If you and the father cannot agree on something substantial then your remedy is to return to court. Speak with a local family lawyer for more specific advice.

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