Cleaveland & Adair, P.L.

Divorce and Bankruptcy Attorneys

Home
Divorce
Children and Divorce
Parental Responsibility
Timesharing Guidelines
Bankruptcy
Debt Defense
Debt Harrassment
Attorneys
Contact Us

Fourth Judicial Circuit Timesharing Guidelines (Local)
 
 

Neither parent shall conceal the whereabouts of any child(ren) of the parties, and each parent will keep the other advised at all times of the residential address and phone numbers where the child(ren) will be staying while in the custody of either parent.  Each parent shall notify the other immediately (no later than 3 hours) of any emergency pertaining to the child(ren) of the parties.

 

"Reasonable" visitation with any child(ren) of the parties shall take place at such time and place as the parties may agree.  If the parties cannot reach an agreement as to the details of visitation, the Court may impose the following visitation schedule.

 

The child(ren) have a right to spend considerable time with both parents. Each of the parties shall exercise the utmost good faith and shall consent to all reasonable visitation requests by the other party. The residential parent is expected to provide access to the child(ren) at unscheduled times, if requested, and if to do so does not unreasonably disrupt prior planned activities of the child(ren) or the residential parent.  Therefore, not as a limitation, but as an extension of the foregoing, the non-residential parent is entitled to and shall have the following minimum visitation rights with the child(ren):

 

If a weekend provided for below is a two-day weekend, it shall be from 6:00 p.m. on Friday, through 6:00 p.m. on Sunday. If a weekend is a three-day weekend, it shall be from 6:00 p.m. the day before the weekend (Thursday or Friday) through 6:00 p.m. the last day of the weekend (Sunday or Monday). Even though several of the above visitation provisions are related to school, the non-residential parent shall have comparable visitation with pre-school child(ren).  Holidays and special occasions, as provided below, shall have priority over regular weekday and weekend visitation. In the event a holiday visitation shall have the effect of creating three consecutive entire weekends with one parent, then the third such weekend shall revert to the other patent and the weekends shall alternate thereafter.

 

WEEKDAYS: One evening per week from immediately after school/work through 8:30 p.m. If the parties cannot agree upon the day, it shall be Wednesday.

 

WEEKENDS: Every other weekend. Should the nonresidential parent's regular weekend fall on a three-day weekend which is observed by both the non-residential parent and the child(ren)'s school, and the weekend is a holiday or special occasion not otherwise expressly provided for below, then the non-residential parent shall be entitled to a three-day weekend.  The residential parent shall have the alternate weekends.

 
HOLIDAYS:

 

 

Spring Vacation: School spring break from immediately after school/work the day school lets out through 6:00 p.m. the day before school resumes in the even-numbered years.

 

Easter: Easter weekend in odd-numbered years.

 

Mother's Day/Father's Day: The child(ren) shall be with the mother on Mother's Day weekend and with the father on Father's Day weekend, and with the other parent the following weekend.

 

Summer Vacation: One-half of summer school vacation (or equivalent if child is below school age). If the parties are unable to agree upon the date for such visitation, then the visitation shall commence at 9:00 a.m. on the second Saturday in June and shall continue for a period equal to one-half of the school summer vacation (or the equivalent thereto if the child is not in school), but the provisions provided for regarding Father's Day, the child(ren)'s birthday(s), and Independence Day shall have priority. During such time, the residential parent shall also be entitled to the weekday and weekend visitation provided the non-residential parent. Notwithstanding, during the summer, each parent shall be entitled to reasonable extended, out-of-town vacation time, uninterrupted by sharing the child(ren) with the other parent.  If a child is enrolled in daycare, then the same day care shall be made available to the non-custodial parent during his/her period of exercising summer visitation and the custodial parent shall continue to pay the cost thereof as during the rest of the year.

 

Independence Day: Independence Day (from 9:00 a.m. July 4th through 9:00 a.m. July 5th, except it shall be a three-day weekend if July 4th falls on a Friday or Monday) in odd-numbered years.

 

Thanksgiving: Thanksgiving weekend (from immediately after school/work Wednesday through 6:00 p.m. Sunday) in odd-numbered years.

 

Christmas Vacation: Every Christmas season, in even-numbered years from immediately after school/work the day school lets out through December 25th, at 3:00 p.m. During odd-numbered years, from 3:00 p.m. December 25th, through 6:00 p.m. the day before school resumes.

 

Child(ren)'s Birthdays: Birthdays of the child(ren) in even-numbered years.

 

 

CONFLICTS: Both parents shall endeavor to be punctual in transferring the child(ren). If circumstances prevent either from being punctual, the parents shall communicate and cooperate appropriately.

 

CANCELLATIONS: Each parent shall give the other parent at least 24 hours advance notice (or if an emergency occurs, as quickly as possible), if he/she will be unable to exercise weeknight, weekend, Father's Day, Mother's Day, or birthday visitation. As to holidays, there shall be one week advance notice; as to Christmas and summer, one month advance cancellation notice. Notice as to Christmas and summer vacation shall be in writing.

 

NOTE: If child(ren) is/are enrolled in a modified calendar/multitrack school program, then some of the foregoing provisions would not correctly apply (e.g., Thanksgiving, Christmas, School Spring Break, and Summer). Visitation must be tailored by the parties or Court to be consistent with the intent of the Guidelines.

 
 

Fourth Judicial Circuit Timesharing Guidelines (Long-Distance)

(A Distance between residential and non-residential households in excess of 280 miles.)

 

Neither parent shall conceal the whereabouts of any child(en) of the parties, and each parent will keep the other advised at all times of the residential address and phone numbers where the child(ren) will be staying while in the custody of either parent.  Each parent shall notify the other immediately (no later than 3 hours) of any emergency pertaining to any child(ren) of the parties.

 

A reasonable visitation with any child(ren) of the parties shall take place at such time and place as the parties may agree.  If the parties cannot reach an agreement as to details of visitation, the Court may impose the following visitation schedule. The visitation as set forth below is a suggested guideline as circumstances may vary significantly due to the distance between the parties and the specific locations of their respective residences.  These guidelines shall be considered only in situations where the distance between the residential and non-residential households exceeds 280 miles. 

 

The child(ren) has/have a right to spend considerable time with both parents. Each of the parties shall exercise the utmost good faith and shall consent to all reasonable requests by the other party. The residential parent is expected to provide access to the child(ren) at unscheduled times, if requested, and if to do so does not unreasonable disrupt prior planned activities of the child(ren) or the residential parent. Therefore, not as a limitation, but as an extension of the foregoing, the non-residential parent is entitled to and shall have the following minimum visitation rights with the child(ren):

 

WEEKENDS: The non-residential parent may exercise alternate weekend visitation, as provided for in the Fourth Judicial Circuit Visitation Guidelines, in the vicinity of the residential parent's residence. Alternatively, the non-residential parent shall have weekend visitation at a location designated by the non-residential parent once per month, on any weekend during a given month that would encompass a three-day weekend, as well as visitation in the vicinity of the residential parent's residence on the alternating weekend, when able. In the event there is no such three-day weekend during a given month, the first weekend of the month would be the weekend designated for visitation, unless otherwise agreed upon by the parties. Said visitation shall commence as early as practicable and no later than 5:00 p.m. on the day before the holiday or Friday, whichever comes first, and conclude at 5:00 p.m. on the day before school resumes, or Sunday, whichever is later.

 

HOLIDAYS:

 

Spring Vacation: The non-residential parent shall have visitation the entire spring vacation, annually, from 5:00 p.m. on the last day of school, until 5:00 p.m. on the day before school resumes. If there is another break encompassing five (5) consecutive week days then on that break as well, the non-residential parent shall have visitation from 5:00 p.m. on the last day of school until 5:00 p.m. on the day before school resumes.

 

Mother's Day/Father's Day: Mother's Day and Father's Day shall be spent with the parent being honored by the holiday in question, from 5:00 p.m. on the Friday prior to the holiday until 5:00 p.m. on the Sunday. The non-residential parent's visitation for this holiday shall take place in the vicinity of the residential parent's residence, unless said visitation coincides with the non-residential parent's summer vacation visitation.

 

Thanksgiving: The non-residential parent shall have visitation in the odd-numbered years, from 5:00 p.m. on the Wednesday before Thanksgiving until 5:00 p.m. on Sunday. In the even-numbered years, the residential parent shall have Thanksgiving with the child(ren).

 

Christmas Vacation: The non-residential parent shall have visitation in the even-numbered years, from 5:00 p.m. on the day school dismisses to commence the Christmas vacation, until 5:00 p.m. on December 27th; and in odd-numbered years, from 5:00 p.m. on December 26th to 5:00 p.m. the day before school resumes.

 

Summer Vacation: The non-residential parent shall have summer visitation with the minor child(ren) commencing five (5) days following the end of the school term and ending two weeks prior to the start of the new school term. During said summer vacation visitation, the residential parent shall have visitation as set forth in paragraph 1 herein. The residential parents visitation shall take place in the vicinity of the non-residential parent's residence.  If a child is required to attend summer school to pass to the next grade, it must be attended and the above described Summer Vacation schedule does not apply. Weekend visitation as set forth in paragraph 1 herein shall apply during summer school. The non-residential parent's summer vacation visitation will commence at 5:00 p.m. on the Friday following the conclusion of summer school and last until 5:00 p.m. on the fifth (5th) day prior to commencement of the new school year.

 

Child(ren)'s Birthdays: The child(ren) shall celebrate his or her birthday(s) in the home of the residential parent unless the birthday falls on a regularly scheduled visitation date with the non-residential parent.

 

Non-Specified Holidays: Should the parents jointly recognize a holiday not specifically mentioned herein, each parent shall cooperate with the other in providing visitation with the non-residential parent for the entire holiday in the even-numbered years, and in working out beginning and ending times for such visitation.

 

 

OPEN TELEPHONIC COMMUNICATION: When the child(ren) are with one parent, the other parent shall have open and reasonable telephonic communication with the child(ren) Said telephonic communication shall be agreed upon by the parties. However, in the event the parties are unable to agree, then the parent that does not have the child(ren) with him or her shall have telephone contact on Thursdays and Sundays between 7:00 p.m. and 7:30 p.m. Each parent shall provide the other with e-mail addresses and make e-mail available to the child(ren) for the purpose of communicating with the other parent, as long as there is a computer in service in the home.

 

SCHOOL CALENDARS: School calendars and event schedules shall be provided to the non-residential parent by the residential parent immediately upon receipt The residential parent shall also advise the non-residential parent of events not appearing on school calendars as soon as practical after becoming aware of the dates of such events.

 

CONFLICTS: Regular weekend and summer vacation visitation shall be had in accordance with the schedule set out herein. Should there be any conflict between the regularly scheduled and the holiday visitation, the holiday visitation will control.

 

TRANSPORTATION COSTS: Transportation costs shall be agreed upon by the parties or left to the discretion of the Court. The criteria the Court may consider in allocating transportation costs include, but are not limited to, the following:

A. Relative income of the parties.

B. Extent and regularity of the visitation of the non-residential parent prior to relocation.

C. Distance.

D. The party responsible for and the circumstances of the relocation.

MODE OF TRANSPORTATION: The mode or method of transportation shall be agreed upon by the parties or left to the discretion of the Court.

 

WAITING PERIOD: The child(ren) and the parents shall be required to wait a reasonable period of time for the visiting parent to pick up the child(ren) to begin any visitation. Consideration shall be made for the distance between the various parties' and the mode of transportation used to exercise the visitation, as well as unforeseen delays and flight schedules.

 

CANCELLATIONS: Cancellation by the non-custodial parent of any of the aforementioned visitation shall be made in writing and at least 14 days prior to the scheduled commencement of said visitation. 

 
 
 
Cleaveland & Adair, P.L.
1309-105 St. Johns Bluff Road North
Jacksonville, Florida 32225
(904) 642-2040