Florida Timesharing Attorney – Get Help with Child Custody Cases
In Florida, the term “child custody” has been replaced with “timesharing”, as part of the state’s efforts to focus on the best interests of the child. This change came to effect on July 1, 2023, under HB1301 law signed by Governor Ron DeSantis. The purpose of this change is to eliminate the idea of one parent having “custody” over the child and instead promote equal rights for both parents in terms of spending time with their child.
"Timesharing" and The Concept of "Best Interests of the Child"
Timesharing refers to the schedule or arrangement that determines how much time a child will spend with each parent after a divorce or separation. This includes weekdays, weekends, holidays, and school breaks. The goal of timesharing is to provide stability and consistency for the child while also considering the schedules and abilities of both parents.
Florida has a 50/50 timesharing presumption, meaning that the court will start with the assumption that equal timesharing is in the best interests of the child. However, this presumption can be rebutted if there is evidence to support unequal timesharing.
Factors That Determine "Best Interests of the Child" and How They Impact Timesharing
If the parents cannot come to an agreement on a timesharing schedule, the court will consider several factors to determine what is in the best interests of the child. These factors include but are not limited to:
- Each parent's ability to provide a stable and consistent home environment
- The physical and mental health of each parent
- The child's relationship with each parent and any siblings or other important individuals in their life
- Any history of domestic violence or abuse
Based on these factors, the court will then make a decision on a timesharing schedule that is deemed to be in the best interests of the child.
Types of Timesharing Arrangements
There are different types of timesharing arrangements that can be made, depending on what works best for the parents and the child. These include:
- Equal Timesharing: This is when the child spends equal time with each parent, usually on a week-on/week-off basis or alternating days.
- Primary Timesharing: In this arrangement, one parent has the majority of timesharing with the child while the other has visitation rights.
- Sole Timesharing: In this arrangement, one parent will have 100% timesharing with the minor child. This type of arrangement usually requires significant facts in a case that one parents life choice or self, would be detrimental to the minor child.
The type of time-sharing arrangement that is chosen will depend on the individual circumstances of the parents and the child. It is important for both parents to carefully consider what will work best for their family and to communicate openly and respectfully with each other to make a decision.
Joint Custody vs. Sole Custody
In Florida, the term “custody” is not used in family law cases. Instead, courts determine parental responsibility, which refers to decision-making authority for major life decisions such as education, healthcare, and religion. This can be awarded either shared or solely to one parent.
Shared parental responsibility means that both parents have equal decision-making power and must consult with each other before making any major decisions for their child. It does not necessarily mean that the child spends equal time with each parent.
Sole parental responsibility means that one parent has the sole authority to make major decisions for the child. The other parent may still have visitation rights and involvement in their child’s life, but they do not have equal decision-making power.
How Can a Florida Timesharing Attorney Help?
Navigating a timesharing schedule can be complex and emotionally charged, especially during a divorce or separation. A Florida timesharing attorney can help by advocating for their client’s rights and working towards a fair and reasonable timesharing arrangement that puts the best interests of the child first.
Some ways a timesharing attorney can assist include:
- Explaining the laws and guidelines surrounding timesharing in Florida
- Negotiating on behalf of their client to reach an agreement with the other parent
- Representing their client in court if necessary
- Providing emotional support and guidance throughout the process
- Overcoming the presumption of 50/50 timesharing
Additionally, a timesharing attorney in Florida can help with any modifications or enforcement issues that may arise after an initial timesharing arrangement such as adjusting schedules due to changing circumstances or addressing non-compliance.
The Role of Mediation
In Florida, before a case goes to trial, parents are required to attend mediation to agree on timesharing and parental responsibility. This is a collaborative process facilitated by a neutral third-party mediator, who helps parents communicate and find common ground. Mediation can be beneficial for both parties as it allows them to have more control over the outcome of their case rather than leaving the decision solely in the hands of a judge.
Talk to a Florida Timesharing Lawyer Today!
Disputes can arise when determining timesharing arrangements, making the expertise of a knowledgeable Florida timesharing attorney essential. At The Pistorio Law Firm, P.A., our experienced team is here to navigate the complexities and sensitivities of your case. We will provide the best legal representation to protect your rights and ensure your child’s well-being. Don’t face this challenge alone—call us at (904) 553-4889 or fill out our online form to schedule a consultation today.
