In the midst of divorces, both parents can feel vulnerable concerning their involvement in their children’s lives. In Florida, the decisions involving child custody and timesharing are based on the children’s best interests. By understanding these laws, you’ll be equipped with the knowledge to protect not just yourself but also your child’s future.
Legal vs. Physical Custody
Florida has actually replaced the use of “custody” with more precise terminology surrounding family law matters involving children. The state differentiates between legal and physical custody. Legal custody involves the responsibility of making critical choices regarding education, medical care, and religion on behalf of one’s offspring. Physical custody dictates where a child will mainly reside.
Sole vs. Shared Custody
Two types of physical custodies that are recognized in Florida are sole and shared physical custody. With sole custody, one parent is given primary physical rights to the child while the other receives visitation opportunities only. Meanwhile, when it comes to shared custody both parents have equal rights over their child’s whereabouts and scheduling.
Timesharing
When it comes to child custody arrangements in Florida, timesharing refers to the time a child spends with each parent. It should be noted that even in instances where shared custody is agreed upon, one parent is usually declared as the primary residential parent for school enrollment and mailing purposes.
Determining Timesharing
When determining timesharing, Florida courts consider the best interests of the child. Factors that are considered include:
- The child’s relationship with each parent
- Each parent’s ability to provide a stable home environment
- Each parent’s willingness to encourage a relationship between the child and the other parent
- The child’s wishes (if they are mature enough to express a preference)
- Any history of domestic violence or substance abuse by either parent
Parenting Plans
In Florida, parents are required to create a parenting plan that outlines how they will share responsibility for the child and how they will handle timesharing. The parenting plan must be approved by the court and must include:
- A timesharing schedule
- A plan for how major decisions will be made for the child
- A plan for how the parents will communicate with each other regarding the child
Modifying Timesharing
Changing timesharing arrangements when circumstances change is an essential aspect of parenting. For instance, relocation of one parent might mean adjusting current agreements so that everyone’s interests are safeguarded, particularly those of the child. Additionally, modifications may also occur if one parent fails to provide a stable living situation for the child.
Consult with an Experienced Family Law Attorney
Don’t leave anything up to chance when dealing with child custody and timesharing during divorce proceedings in Florida. Trust in us at Brunelli Law P.A., instead. With decades of experience representing clients in even some of the most complex cases, we’re here to help protect not only parents’ legal rights but also their relationships with their children for years to come.
