Two types of timesharing rights and responsibilities can be awarded in Florida:
- Legal. This gives parents the right to make decisions concerning a child’s welfare, including their education, healthcare, religious upbringing, and other major matters.
- Physical. This determines where a child lives and how much time they spend in each parent’s household.
Florida courts favor joint legal and physical timesharing rights in the belief that children do best with a continuous and meaningful relationship with both parents after a divorce or separation. Only in cases where it is determined that joint custody would not be in a child’s best interests would courts deny or limit it. This generally only occurs when a history of domestic violence, child neglect or abuse, or chronic parental substance abuse on the part of a parent has been demonstrated.
Parenting Plans
Parenting Plans are comprehensive, written agreements between parents outlining how they will co-parent their child or children following a divorce or separation. They set forth how both parents will share and divide their responsibilities.
This includes but is not limited to daily tasks associated with child-rearing, healthcare provisions, school functions, and the timesharing schedule. This schedule may vary depending on the family's unique circumstances but generally includes weekdays, weekends, holidays, and school break provisions.
For instance, it may detail which parent will have the child on different days of the week, how weekends will be divided or rotated, and how the child will spend their school holidays, summer vacations, and special occasions like birthdays or religious events.
Some plans may also account for transportation arrangements, detailing how the child will be transferred between the parents' residences. The primary goal of such a schedule is to ensure predictability and stability in the child's life while allowing them to maintain a close and meaningful relationship with both parents.
Essentially, the Parenting Plan serves as a roadmap for the parents, detailing how they will navigate their roles, responsibilities, and schedules in their child’s best interests.
How Courts Determine Timesharing
Parents are encouraged to devise their own Parenting Plan, after which they can submit to the court for approval.
If you and your spouse cannot agree on timesharing, the court may order you to participate in mediation. Should that fail, it will be up to the court to determine this issue. Courts will look at many factors, from each parent’s history and capacity to take on these responsibilities to their willingness to co-parent, the proximity of their households, their work schedules, moral fitness, and more.
FL Child Custody FAQ:
What factors can influence the awarding of joint custody in Florida?
In Florida, several factors can influence the awarding of joint custody, also known as shared parental responsibility.
These include:
- Best Interests of the Child
- Parental Cooperation
- Parental Involvement
- Stability of Environment
- Moral Fitness
- Health of Parents
- Child's Preference
- History of Domestic Violence
- Geographic Viability
- Parental Responsibilities
Are there specific considerations for unmarried parents seeking custody in Florida?
The specific considerations for unmarried parents seeking custody in Florida:
- Establishing Paternity
- Parental Responsibility
- Best Interests of the Child
- Parenting Plan
- Child Support
- Relocation
- Legal Rights and Responsibilities
What role does mediation play in resolving child custody disputes in Florida?
In Florida, mediation is a major factor in settling child custody issues because it offers a controlled, non-adversarial setting where parents can cooperate to come to a decision.
How it helps is as follows:
- Facilitates Communication: By promoting candid dialogue, mediation assists parents in voicing their worries and desires about the division of custody.
- Keeps the Child's Best Interests Front and Center: The mediator facilitates the conversation to make sure that any agreements made keep the child's best interests front and center.
- Promotes Cooperation: Mediation assists parents in coming up with a parenting strategy that works for both of them and the child by creating a cooperative environment.
- Cost-Effective: Mediation is a more economical choice for settling conflicts because it is typically less expensive than going to court.
- Saving Time: It may be less time-consuming than a judicial trial, enabling parents to come to an agreement and proceed more quickly.
- Confidential Process: Mediation is a confidential process that can lessen the stress of public court processes and assist safeguard the family's privacy.
- Empowers Parents: Rather than having a decision imposed by a judge, parents actively participate in creating the agreement, giving them more control over the outcome.
In general, mediation is a useful tool for assisting parents in amicably resolving custody disputes, lowering tension, and encouraging a cooperative co-parenting relationship.
Beebe Law: Providing High-Quality Family Law Representation in Florida
In matters as significant as timesharing, you will want to ensure that your case receives the care and attention it deserves. Our attorneys understand the emotional and legal complexities of child-related matters, from custody to child support, modifications or enforcement of current child-related court orders, paternity matters, and more.
We do everything possible to help you achieve your desired results while considering the court’s standard of the child’s best interests.
Reach us on our contact page or call (561) 677-9147 for legal help today.
