If you are going through a divorce or separation in Florida and have children, understanding the state's timesharing laws is essential. Florida has replaced the traditional concepts of "custody" and "visitation" with a framework centered on "timesharing" and "parental responsibility."
Timesharing vs. Parental Responsibility
Florida law distinguishes between two related but distinct concepts.
Timesharing refers to the schedule that determines when each parent spends time with the children. This is what most people think of as "physical custody."
Parental responsibility refers to the authority to make major decisions about the children's lives — including education, healthcare, and religious upbringing. This is what most people think of as "legal custody."
Florida's Presumption of Shared Parental Responsibility
Florida law presumes that shared parental responsibility is in the best interests of the child. This means both parents are presumed to have equal rights to make decisions about their children's lives, unless the court finds that shared responsibility would be detrimental to the child.
The Best Interests of the Child Standard
All timesharing decisions in Florida are governed by the "best interests of the child" standard. Florida Statute § 61.13 lists the factors courts consider, including:
- —Each parent's demonstrated capacity to facilitate a close parent-child relationship
- —The anticipated division of parental responsibilities after litigation
- —The demonstrated capacity of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent
- —The length of time the child has lived in a stable, satisfactory environment
- —The geographic viability of the parenting plan
- —The mental and physical health of the parents
- —The home, school, and community record of the child
- —The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience
The Parenting Plan
In Florida, all divorcing parents with minor children must submit a parenting plan to the court. The parenting plan must address:
- —How the parents will share and be responsible for the daily tasks associated with the upbringing of the child
- —The time-sharing schedule
- —Designation of who will be responsible for healthcare, school-related matters, and other activities
- —Communication between the parents
What If Parents Cannot Agree?
If parents cannot agree on a parenting plan, the court will create one after considering all relevant factors. Florida courts generally favor arrangements that allow both parents to maintain a meaningful relationship with their children.
Modifying a Timesharing Order
Once a timesharing order is in place, it can be modified if there has been a substantial, material, and unanticipated change in circumstances. The parent seeking modification must show that the change is in the best interests of the child.
If you are navigating a divorce or custody matter in Florida, contact Kate A Vincent Law Group PLLC at (786) 709-3423 for a free consultation. Kate has extensive experience with Florida's timesharing laws and will fight to protect your parental rights.
This article is general information about Florida law and is not legal advice. Laws change and every case is different. Speak with an attorney about your specific situation.