Attorney at Law
When parents in Florida divorce or separate, determining how they will share time with their children and make decisions about their upbringing is often one of the most challenging aspects. Florida custody law, updated in 2023, now refers to custody as “time-sharing” and “parental responsibility.” These modern terms emphasize the child’s best interests, encouraging both parents to stay actively involved in their child’s life. Understanding these concepts as well as the law is crucial to making informed decisions that can benefit your child and ensure their well-being.
Time-Sharing vs. Custody: What’s the Difference?
In Florida, “time-sharing” replaces what was traditionally known as physical custody. It refers to the schedule that dictates how much time the child will spend with each parent. “Parental responsibility,” on the other hand, covers what was once known as legal custody, referring to the authority to make important decisions about the child’s welfare, such as education, healthcare, and religious upbringing. While these terms may differ from the traditional notion of custody, they serve the same purpose—ensuring that the child’s needs are met in a stable and nurturing environment.
Equal Time-Sharing Presumption
Florida courts operate under a rebuttable presumption that equal time-sharing between both parents is in the best interests of the child. This means that, unless there is significant evidence to the contrary, the court will generally favor an arrangement where the child spends an equal amount of time with each parent. However, the actual time-sharing schedule will depend on various factors, including each parent’s ability to meet the child’s needs and the child’s relationship with each parent.
- Joint Time-Sharing: The child spends significant time with both parents, although this does not necessarily mean an equal 50/50 split.
- Shared Parental Responsibility: Both parents are involved in making major decisions about the child’s life, requiring them to collaborate on important matters.
This approach reflects the belief that children benefit most when they have meaningful relationships with both parents.
When Deviation from Equal Time-Sharing is Appropriate
While equal time-sharing is preferred, it is not always practical or in the child’s best interests. The court may approve a different time-sharing schedule if one parent can demonstrate that equal time-sharing would be harmful or unsuitable.
- Sole Time-Sharing: The child primarily lives with one parent, while the other parent may have limited or supervised visitation.
- Sole Parental Responsibility: One parent has the exclusive right to make decisions about the child’s upbringing, without needing to consult the other parent.
Factors that might lead to a deviation from equal time-sharing include:
- A parent’s history of domestic violence or substance abuse (If one parent poses a danger to the child)
- Geographical distance (If parents live far apart)
- The child’s preferences (If the child is mature enough)
This arrangement is less common and typically reserved for situations where joint responsibility would not serve the child’s best interests.
Parenting Plans: The Blueprint for Time-Sharing
Every family going through a divorce or separation in Florida must create a parenting plan, a comprehensive document outlining how parents will handle time-sharing and parental responsibility. The parenting plan covers:
- Time-Sharing Schedule: When the child will be with each parent, including holidays and vacations.
- Decision-Making Authority: How parents will collaborate on significant decisions affecting the child’s life.
- Communication Guidelines: How parents and children will communicate, ensuring consistency and clarity.
The plan must be approved by the court and should be customized to suit the unique needs of the family.
Modifying Time-Sharing and Parental Responsibility
Under the updated law, parents can request modifications to their court-ordered time-sharing arrangement regardless of whether or not there has been an unanticipated change in circumstances. Rather, they must be based on the child’s best interests.
Working with an Experienced Jacksonville Family Law Attorney
Navigating the intricacies of time-sharing and parental responsibility can be challenging, especially when emotions run high. That’s why working with an experienced family law attorney, like Michael Tupper of Tupper Law, P.A., can provide you with the guidance and support needed to protect your rights and your child’s best interests.
Whether you are creating a parenting plan for the first time or seeking to modify an existing arrangement, our experienced attorneys are here to guide you through the process with compassion and expertise. Contact Tupper Law, P.A. today to learn how we can support you in achieving a shared parental responsibility arrangement that fosters a healthy and supportive co-parenting relationship.