Child Custody and Timesharing in Florida

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In Florida, the terms "timesharing" and "child custody" refer to the legal arrangements regarding where and with whom a child will live, and how much time the child will spend with each parent. Florida law prioritizes the best interests of the child in determining these arrangements.

Here's an overview:

Timesharing

Timesharing refers to the schedule established for when the child will spend time with each parent. The goal is to allow both parents to have a meaningful relationship with their child.

Key Points:

1. Timesharing Schedule: This is a detailed plan that outlines when the child will be with each parent, including weekdays, weekends, holidays, and school vacations.

2. Shared Parental Responsibility: Florida law encourages shared parental responsibility, meaning both parents should be involved in making major decisions about the child’s life.

3. Parenting Plan: A parenting plan must be created and approved by the court. It details the timesharing schedule and the responsibilities of each parent.

Child Custody

In Florida, the term "custody" is often replaced with "parental responsibility" and "timesharing." However, the concept remains the same: determining how the parents will share the responsibilities and time with their child.

Key Points:

1. Parental Responsibility: This refers to the rights and obligations of parents to make decisions about their child's upbringing, including education, healthcare, and religious instruction.

• Shared Parental Responsibility: Both parents share decision-making.

• Sole Parental Responsibility: One parent has the authority to make decisions, usually granted in cases where shared responsibility is deemed harmful to the child.

2. Best Interests of the Child: The court’s primary concern is the child’s best interests, considering factors like the child’s relationship with each parent, the parents’ ability to provide a stable environment, and the child’s adjustment to home, school, and community.

Factors Considered by the Court

When determining timesharing and parental responsibility, the court considers multiple factors, including:

  • Each parent’s ability to maintain a close and continuing relationship with the child.
  • The division of parental responsibilities before and during the case.
  • The ability of each parent to provide a consistent routine for the child.
  • The moral fitness and mental and physical health of each parent.
  • The child’s home, school, and community record.
  • The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience.
  • Any evidence of domestic violence, child abuse, or neglect.

Modifying Timesharing and Custody

Changes to the timesharing schedule or custody arrangements can be requested if there is a substantial change in circumstances and the modification is in the best interests of the child.

Legal Assistance

Navigating timesharing and custody arrangements can be complex. Legal assistance from a family law attorney can help ensure that the arrangements serve the best interests of the child and comply with Florida law.