In Florida, time-sharing refers to the arrangement in which both parents share the responsibilities and joys of raising their child post-divorce or separation. The concept ensures that both parents maintain significant roles in the child’s life, provided that it’s in the child’s best interest. Here’s what you need to know about time-sharing laws in Florida, along with the process to establish an effective parenting plan.
1. Florida’s Approach to Time-Sharing
Florida law prioritizes the best interests of the child in time-sharing arrangements. This means that the courts focus on what will ensure the child’s safety, well-being, and emotional stability. Unlike the outdated term “custody,” Florida uses “time-sharing” to emphasize that both parents, where appropriate, should play an active and consistent role in their child’s upbringing. The court aims for equitable time-sharing, but the actual division of time depends on several factors.
2. Factors Courts Consider in Time-Sharing
When determining a time-sharing schedule, Florida courts evaluate numerous factors, such as:
- Each parent’s ability to provide a stable and safe home environment
- The child’s relationship with both parents
- The child’s age and developmental needs
- Each parent’s willingness to support a relationship between the child and the other parent
- Any history of domestic violence or abuse
- The geographic viability of the time-sharing arrangement (e.g., distance between parents’ homes)
Each case is unique, and these factors are used to create a plan that best suits the child’s emotional, physical, and developmental needs.
3. Creating a Parenting Plan
A parenting plan outlines how parents will share time and decision-making responsibilities for their child. In Florida, a parenting plan is mandatory in cases of separation or divorce involving children. The plan must address:
- A time-sharing schedule that details when the child will spend time with each parent, including holidays and vacations.
- Tip: Use an app like Custody Exchange or Qustody (FREE!) to avoid a “he said, she said” situation, be proactive and track your custody!
- Which parent is responsible for decision-making regarding the child’s education, healthcare, extracurricular activities, and other key areas.
- The methods for communication between parents and child, such as phone calls, video chats, and messaging.
This parenting plan can be created by both parents through mutual agreement. If parents cannot agree, the court will impose one based on the best interests of the child.
4. Time-Sharing Schedules
There is no one-size-fits-all schedule for time-sharing in Florida. Schedules can range from equal 50/50 time-sharing to more unique arrangements depending on work schedules, living locations, and the child’s needs. Some common time-sharing schedules include:
- Week on/Week off: Each parent gets the child for alternating weeks.
- Two days/five days: One parent gets the child for two weekdays and the other for five, alternating each week.
- Alternating weekends: One parent has the child during weekdays while the other has the child on alternating weekends.
Parents can negotiate the best time-sharing schedule for their family, or a judge can decide if they cannot agree.
5. Modifying Time-Sharing
If circumstances change significantly (such as a parent’s relocation, job changes, or changes in the child’s needs), either parent can request a modification of the time-sharing agreement. However, modifications require proof that the change is in the child’s best interest. Courts are generally reluctant to disrupt the child’s routine, so the requesting parent must demonstrate substantial reasons for the modification.
6. Mediation for Time-Sharing Disputes
Mediation is often encouraged or required by Florida courts if parents are unable to agree on a time-sharing arrangement. During mediation, a neutral third party helps the parents reach a mutually beneficial agreement without going to trial. Mediation is typically faster, less costly, and less emotionally taxing than a court battle.
7. Legal Support for Time-Sharing in Florida
Time-sharing cases can be emotionally charged, but it’s important to focus on what’s best for the child. Working with an experienced family law attorney, like those at Coffman Family Law, can help you navigate this complex process. An attorney can ensure your rights are protected, help you understand your responsibilities, and assist you in reaching a time-sharing agreement that promotes your child’s well-being.
Final Thoughts
Time-sharing in Florida is designed to ensure that both parents can remain involved in their child’s life after a separation or divorce. From creating a parenting plan to navigating court decisions, understanding your rights and responsibilities is crucial. If you’re dealing with a time-sharing issue, Coffman Family Law is here to provide the guidance and support you need. Contact us today to schedule a consultation.