Miami, FL asked in Child Custody and Child Support for Florida

Q: What happens in the case of two parents having a verbal agreement on 50/50 custody rights

Which both parent do except the father drops off the children to their mothers home on his weeks but only to sleep, dinner, showering them, homework and pjs on being already done before dropping them off?

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1 Lawyer Answer
David Alfred Carroll
David Alfred Carroll
  • Divorce Lawyer
  • Pensacola, FL
  • Licensed in Florida

A: Please look at Florida statute chapter 61.13 which outlines the factors and considerations the court will look at the making a determination of the appropriate parenting plan and time-sharing for the parents. A verbal agreement is fine as long as the parties continue to agree. It is better to have a written agreement, and even better to have a fully formed parenting plan and or court order. You may want to speak with an experienced local family law attorney to see what they suggest and help guide you into achieving an appropriate written and enforceable agreement. You don't mention whether the parties are married. When parties are not married, the mother is the only natural legal Guardian of the children, and to the father comes before the court to establish paternity and to establish a time-sharing plan. Until then, everything is just by agreement. If they are married when the child was born, then the mother and the father of both legal guardians of the children.

Wishing you all the best.

David A. Carroll, Pensacola Divorce and Custody Attorney

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