All About Extracurriculars

Parents of minor children who are facing a divorce or paternity matter often ask how to handle extracurricular activities. When seeking a paternity order or a dissolution of marriage with minor children, the end result is that a parenting plan is entered into. The parenting plan can be as detailed as the parties desire and should include as much detail as possible, particularly when there is a potential for conflict down the road. One detail a parenting plan will typically include is a section addressing how extracurriculars are to be handled.

Extracurricular activities are not factored into the calculation of child support. Payment for extracurriculars is addressed separately under the extracurricular provision in the plan. Most parents choose to include the provision that the cost of agreed upon extracurriculars will be split 50/50 between each parent. If there is a disparity in income or the case is contested then the costs of extracurriculars may be split according to the parties’ pro rata share of responsibility for child support.

The provision will typically state that the parents should attempt to agree regarding any extracurricular activities and when the parents cannot mutually agree, then one parent may unilaterally enroll the child during their timesharing and bear the full cost, including associated costs such as uniforms and costumes. A good parenting plan should also detail who will be responsible for transportation to and from each activity. If parents know that a certain activity is going to be a cause of conflict in the future, they can address it in the parenting plan in advance. For example, parents may want to specifically provide for, or limit or restrict travel sports, or sports they consider dangerous. They may also choose to agree on a set limit of how many extracurricular activities a child should participate in each year.

In general, the nature of a lot of extracurricular activities means that practices, lessons or events will occur during both parent’s time. However, parents should avoid unreasonably infringing on the other parent’s time with the child to avoid ending up back in court. When issues arise involving extracurricular activities the court will always consider the best interests of the child in resolving disputes. The best case scenario for parents is setting aside personal differences with the other parent and considering what the child enjoys and wants to participate in, rather than unreasonably refusing to agree on an extracurricular activity.

If you are facing challenges with this issue, or any other family law matter please reach out to Cody Law for a consultation.

Reasons why Equal Timesharing May be Denied in Court

After recent changes in Florida family law. Florida courts now begin with a rebuttable presumption that equal timesharing with each parent is in the best interests of the child. Either party can offer evidence to show why equal timesharing is not in the child’s best interest. The Court has a long list of “Best Interest Factors” it considers in making this determination. Four of the biggest reasons that a court may rule equal timesharing is not in the child’s best interest are:

• Substance abuse and alcohol abuse

  Abuse of alcohol or drugs by a parent is one of the reasons equal timesharing may be denied. Alcohol or substance abuse puts the child in danger and can significantly impact the parent’s ability to meet the child’s needs.

• Emotional or physical abuse or neglect

  Parents who abuse or neglect their child are considered unfit. Child abuse can be physical, emotional or sexual. Child neglect occurs when a parent fails to meet the needs of the child. This can include not providing proper hygiene, living environment, food, clothing, education or medical care.

• Parental alienation

  Parental alienation occurs when one parent engages in behavior to sabotage the relationship between the child and the other parent. This can be done through actions such as disparaging the other parent in front of the child, emotionally manipulating the child to take sides, or preventing the other parent from having contact with the child without justification. If parental alienation is shown to be serious enough, the alienating parent could lose custody of the child.

• Serious mental illness

  In certain instances, if mental illness is severe enough to affect one parent’s ability to properly care for the child it could result in a loss of custody. There is no set list of mental illnesses that affect custody but the court will consider the parent’s ability to meet the child’s needs.

This is not an all inclusive list and you should consult with an attorney who will consider your specific circumstances and discuss whether parental responsibility and timesharing may be allocated unequally in your case.