Athletes Post - Family Diplomacy | A Collaborative Law Firm

Professional Athletes and Seasonal Custody Schedules

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For professional athletes, your life does not follow a standard calendar. Half the year may be spent training, traveling for games, or living in another city during the season. The other half may finally bring you back home with more flexible time. That rhythm is part of your career, but it also brings unique challenges when it comes to raising children. If you are going through a divorce, paternity matter, or otherwise establishing parenting rights or a time-sharing schedule, you need a process that respects your schedule, your privacy, and your children’s well-being.

Why Florida’s Standard Parenting Plans Often Fail for Professional Athletes

Typical custody schedules assume both parents live in the same area with relatively predictable routines. They rarely account for long stretches where one parent is away for work. For athletes, sticking to a week-on, week-off plan is impossible when games, travel, and training dominate half the year. Further, generic parenting plans don’t take into account what happens if you are traded or when you retire from professional sports.  Without flexibility and anticipation of future changes, you risk missing meaningful parenting time and leaving your children caught in the middle of scheduling conflicts.

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Custody: What Does The Law Consider?

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Florida Statute § 61.13 lists the factors that the law will consider when developing a child custody, also known as time-sharing, schedule. One major factor is whether you will encourage a close and continuing relationship between the children and the other parent. The law considers your histories and personalities. Section 61.13 examines whether you will be reasonable when changes are required. The law also considers your ability to keep each other informed regarding important matters regarding the children. Florida law frowns upon parents who disparage the other in front of the children or bring the children into their disputes.

Parental Responsibility and Child Custody

Section 61.13 also discusses parental responsibilities and whether third parties will have decision-making authority. For example, if you work eighty hours a week, it may not be realistic for you to have custody the majority of the time. Another consideration is whether you will be able to participate in the children’s school and extracurricular activities.

Another factor is whether you have demonstrated the capacity and disposition to determine, consider, and act upon the needs of the children as opposed to your own needs or desires.

It is important to maintain stability as much as possible for the children.  Accordingly, the law considers the length of time the children have lived in a stable, satisfactory environment. Often times, if a temporary schedule is going well, the law suggests that it may be best to keep that custody schedule in place, especially if the child is tied to that home, school, and community.

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Florida Divorce and Fathers’ Child Custody Rights

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Many people believe that, in Florida divorces, there is a legal presumption that mothers should get majority time-sharing (formerly known as primary custody) with the parties’ children.  This is simply not the case, as judges fashion Florida time-sharing schedules based solely on the best interests of the children, regardless of the gender of the parents.

Florida Statutes Section 61.13(2)(c)1 states specifically that “[t]here is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”

So what factors do judges look at to determine children’s best interests when shaping time-sharing schedules?

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In A Florida Child Custody Case, Does It Matter That I Am Gay?

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I have been seeing more clients who are coming out of the closet either during or following their divorce (or during a child custody case not related to divorce). Each client has asked whether the Florida court is going to take into consideration his or her sexual orientation.

Though, in determining child custody matters, a Florida judge must take into consideration the “moral fitness” of the parents (see Florida Statutes Section 61.13(3)(f)), the court may not make a custody determination based solely on whether a parent is gay. In fact, a parent’s sexual orientation should not be a determining factor unless it has a direct negative impact on the welfare of the child.

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