Child Custody in Florida: Time-sharing

 In Florida, both parents have “timesharing” with their children, which mean that there is no primary or secondary residential parent designation in the Florida Statutes.

Parents who seek a divorce in Florida must decide on a time-sharing schedule, and in case they cannot reach an agreement on their own, the court will have to determine it based on the children’s best interests and taking into consideration factors enumerated in §61.13, Florida Statutes.

Can parents decide their child’s time-sharing?

Parents who divorce in Florida need to present a time-sharing plan before the court. Such a plan will be approved by the court only if they contain the following characteristics:

1. The division of the parents’ responsibilities and obligations.

2. The timesharing schedule detailing when and where the kid or kids will spend time each day.

3. Who will take responsibility for making critical decisions on behalf of the kids, such as healthcare and education?

4. How the parents will communicate with each other and their children when sharing custody.

If parents agree on a time-sharing plan that complies with the described characteristics, the court should ratify said agreements and will not interfere unless the terms conflict with Florida Law or policy.

When does the court determine the time-sharing plan?

If the parents cannot reach an agreement regarding their children’s timesharing plan, the court will decide the terms. The judge’s primary focus will be the children’s best interest and welfare, but all relevant circumstances are considered as well, such as the child’s relationship with parents, the child’s preference, history of domestic violence, and more.

Many factors considered by the judge are listed in the Florida child custody law 61.13, including but not limited to:

Each parent’s willingness to act upon the needs of the child, as opposed to the needs of the parent.

1. The preference of the child.

2. When considering a parent’s moral fitness, the court will focus on whether the parent’s conduct has had or is reasonably likely to impact the child directly adversely. The mere possibility of an adverse impact is not enough.

3. The home, school, and community records of the child.

4. Each parent’s demonstrated capacity and disposition to participate and be involved in the child’s school and extracurricular activities.

5. Whether both parents have demonstrated an ability and willingness to facilitate and encourage a close and continuing parent-child relationship, to honor a time-sharing schedule, and to be reasonable when changes are required·       

6. Whether both parents have demonstrated an ability and willingness to determine, consider, and act upon the child’s needs instead of their own needs or desires.

In custody cases, the judge may consider the children’s preference when determining the time-sharing plan. However, it is important to note that the child’s preference cannot be the sole factor on which the court will base its decision.

If you have doubts regarding your case or need assistance in any way, remember to contact a skilled Orlando Alimony attorney in the matter that will help you achieve the best outcome for you and your child.

 

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