Parenting Time Disputes and High-Conflict Custody in Florida

When parents separate, the hope is that the parenting plan they agree on will carry the family smoothly into a new routine. Often it does. But life changes, and sometimes one parent stops following the schedule, communication breaks down, or new circumstances bring more conflict than anyone expected.

At The Law Firm of Anthony J. Diaz, we have helped Florida parents through these situations for more than 20 years. Our first option is always to help people stay out of court, and that is especially true when children are involved. Here is what Florida parents should know about time-sharing disputes and high-conflict custody situations, and the options available to resolve them.

The Parenting Plan Is the Foundation

In Florida, the parenting plan is like the bible of raising children in separate households. It dictates everything, from the time-sharing schedule to how parents communicate and make decisions about their children.

When an agreement is first made on a parenting plan, things are usually going pretty well. If there is some conflict, it is usually low conflict. Both parents have just worked together to reach an agreement, and there is often real goodwill behind it.

Why Conflict Can Grow Over Time

A parenting plan does not always stay low conflict. Sometimes things happen during a child’s life that make the situation more high conflict. One parent might introduce a new relationship into the child’s life. Or one parent might choose a different lifestyle that the other parent is not thrilled about.

These changes can ramp up the conflict because the other parent is worried about one thing: how is this going to affect the child? That concern is understandable, and it deserves to be addressed. The key is addressing it in a way that protects the child rather than turning the family into a battleground.

Both Parents Must Follow the Time-Sharing Plan

In Florida, if parents have a time-sharing plan, each of them has to follow it unless both parents agree to change it or there is a court order changing it. One parent cannot unilaterally change an agreement.

Does it ever happen anyway? Yes. Sometimes a parent starts making up their own rules or showing up whenever they want. When that happens, simply talking with the other parent and reminding them that they cannot change the agreement on their own is sometimes enough to resolve the problem.

Start With a Conversation

If one parent is not following the agreed-upon time-sharing, there are a number of options. The first is for the parents to talk to each other directly and say, in effect, we agreed to this, so what is going on?

Many times, that conversation resolves the issue. Sometimes the problem is inadvertent, such as a misunderstanding about the schedule. Other times, something else is going on that needs to be addressed, like a change in a parent’s work hours or a concern about the child. Either way, talking about it openly is always a good place to start.

If you are raising a child together, even though you are no longer married, you need open communication and a willingness to talk about things. That communication is the foundation of every successful co-parenting relationship.

Use a Co-Parenting App When Talking Gets Hard

One thing Anthony recommends when conflict is starting to escalate and it is hard to talk is a co-parenting app. These apps let parents communicate through the app instead of face to face or by phone.

Using an app has several benefits. You do not have to talk to the other person directly, which can lower the temperature right away. It works almost like texting, but every message is captured and saved in one place. If you ever need to go to court, you have that record. More often, though, parents find they are able to resolve things and take the emotion out of the conversation when they have a tool that helps communication go a little bit easier.

When Going to Court Makes Sense

If talking it through does not work, you have the option to go to court and let the judge know that the agreement you had with the other parent is not being followed. Before taking that step, it is important to look at the severity of the problem and how it affects your child.

Courts do not like it when parents bring issues that are not that important or that should be handled between the parents. If the other parent keeps showing up five minutes late, that is annoying. But at the end of the day, a lot of times the child does not even notice.

On the other hand, if a parent is constantly not showing up for time-sharing, and the child is missing out on opportunities and wondering whether their father or mother still loves them, that is a big issue that you may need the court to address. If you are going to go to court to have the plan enforced, make sure it is truly an important issue that affects the wellbeing of the child.

How the Collaborative Process Helps High-Conflict Families

High conflict is not unusual in divorce, especially when there are children. Parents often have different views on how they want time-sharing to work and on many other parts of the parenting plan. If those disagreements go to court, a judge will ultimately decide when the child spends time with each parent. That outcome is rarely satisfying, and many times neither parent is happy with it.

One of the many benefits of handling your divorce out of court through the collaborative process is that you have a team. One member of that team is usually a mental health facilitator who is used to working with high-conflict situations involving children and parenting plans. That professional helps identify what the conflict is, what it is really about, and how to resolve it peacefully, which helps keep the parents on the same page.

Collaborative support does not have to end when the divorce is final. In a collaborative case, which Anthony handles often, the team can come back together if there is a dispute over the parenting plan. Working with the mental health facilitator who helped develop the plan, the team talks about why the plan is not being followed. Sometimes the reason is simple. Other times, it is a symptom of something else that really needs to be nipped in the bud. Having a collaborative team support you out of court can make a real difference in smoothing over what could otherwise become a big court battle.

Keeping Your Children at the Center

Time-sharing disputes and high-conflict custody situations are stressful, but they do not have to define your family. Talking first, using tools like co-parenting apps, and relying on a collaborative team can resolve many problems before they ever reach a judge. When court is necessary, focusing on the issues that truly affect your child keeps the case where it belongs.

Ultimately, when parents are able to work through conflict peacefully, it has a positive impact on the children. With more than 20 years of experience helping families in Orlando, Melbourne & Winter Park, Florida. The Law Firm of Anthony J. Diaz is here to help you find that path.