Florida Child Custody Representation

Child Custody & Time-Sharing in Florida-New vs. Old Terms

In Florida, Courts no longer use traditional terms like “child custody” or “visitation.” The terms now used are “Time-Sharing” and “Parenting Plans”. When parents separate or divorce, Florida law requires all decisions regarding children to be guided by the “Best Interests of the Child”.

The determination of what is best for a minor child is made by looking at your family’s unique situation. Courts evaluate a range of factors affecting the child’s well-being, safety, and daily life.

Explaining the Parenting Plan and the Specifics it Must Address to be Court Approved

Whether you are involved in Divorce or a Paternity Case involving minor children, the Court will require you to have a Parenting Plan. This is a written, legally binding document that covers two important things: a Time-Sharing Schedule and Parental Responsibility. These both differ in that Parental Responsibility refers to decision-making of the parents, whereas Time-sharing refers to where the child sleeps on weeknights, weekends, and holidays, as well as the specific schedule for where the minor child or children will be on weekdays, weekends, holidays, school breaks, and summers. Among other thing that the Parenting Plan should address:

1. How parents will communicate with each other about the child
2. How each parent will communicate with the child when they are with the other parent
3. Which parent is designated for school records, medical records, and extracurricular activities (Parental responsibility)

Differences Between Time-sharing and Shared Parental Responsibility

Florida Family Law strongly supports both Shared Parental Responsibility, as well as starts with an Equal Presumption of a (50/50) Time-sharing Schedule. This Presumption is due to the fact that the Court is looking to keep both parents actively involved in the upbringing of their child and that it is in the child’s best interest.

However, this is not a one-size-fits-all and Courts do have the discretion to look at the specific circumstances of each case put before them. If a 50/50 equal (50/50) Time-sharing Arrangement is not safe, practical, or in the best interest of your minor child or children, and for your family, the Court will and can consider an alternative Parenting Schedule.

As an Experienced Family Law Attorney, Melissa Waldinger will aggressively argue your case, in order to pursue an arrangement that is not 50/50 and one that fits the best interests of your minor children and your family!

Factors Courts May Consider Under the Statute When Deciding Time-Sharing

Our Statute/Law that Determines Time-Sharing has Twenty (20) Factors a Court must evaluate when determining Time-Sharing (50/50), always taking into account the Best Interest of the Child. Some of them include:

1. Each parent’s willingness to honor the time-sharing schedule and support a close relationship with the other parent.
2. The stability of the child’s current home, school, and community environment
3. Each parent’s work schedule and availability
4. The geographic distance between the parents’ homes
5. Any history of domestic violence, substance abuse, or neglect

The Court will intervene, if you and your spouse/co-parent cannot reach an agreement on your own. Before a trial is scheduled, both parties are required to attend Mediation. Mediation can often be described as a negotiation session with a neutral third party, that is confidential. If the parties do not settle at the Mediation, it will continue on to trial.

Relocation – An Often-Asked Question when One Party Wants to Move

If either parent wants to move more than Fifty (50) miles from their current residence with the child, Florida law requires either written agreement from the other parent or Court approval.  The party looking to relocate must show that the move is in the Child’s Best Interest. The Court will then look at other factors like; reason for the move, the impact on the child’s relationship with the other parent, and whether a Revised Time-Sharing Schedule can realistically maintain that relationship with both parents.

If you are facing a Relocation, either trying to move or trying to prevent a relocation, this is one of the most time-sensitive areas of Family Law. Deadlines Matter. Contact Melissa Waldinger as early as possible.