During a divorce, issues concerning how much time a child spends with each parent and the allocation of decision-making authority are often the most complex and high-conflict issues to resolve. In Florida, decisions about timesharing schedules and parenting plans are determined by the court based on the best interests of the child.

The term “custody” is no longer used in Florida law and has been replaced by “shared parental responsibility and co-parenting. Generally, the presumption for timesharing is 50/50, meaning that the child spends 50% of his/her time overnight with each parent. However, this presumption can be overcome by demonstrating that 50/50 timesharing would not be in the child’s best interests. A variety of factors would determine the timesharing schedule, such as:

Types of Custody Arrangements

Physical Custody determines where the child will live for the most part. Joint physical custody is when the child lives with both parents according to a timesharing schedule. Sole physical custody is when the child lives with one parent and the other parent has visitation rights.

Legal Custody determines which parent makes decisions about the child’s education, religious upbringing and healthcare. In joint legal custody arrangements, both parents make decisions about the child’s upbringing. In sole legal custody arrangements, only one parent has the responsibility of making the decisions about the child’s upbringing.

At Affordable Divorce Center, we understand the financial strain that legal proceedings can bring, and our expertise in Timesharing/Parenting Plans is designed to be cost-effective. Our goal is to provide quality legal low cost representation with budget-friendly payment plans, without compromising on the accessibility of our services. ADC’s commitment to affordability is at the core of our values and service.

At ADC, you are more than a case number – you are a valued client with unique needs. Our client-centered advocacy ensures that your interests are the focal point of the Timesharing/Parenting Plan process. We strive to achieve outcomes that safeguard you and your financial stability.

Along with our focus on Timesharing/Parenting Plans, ADC offers expert guidance across all areas of family law such as Divorce, Child Support, Co-Parenting (Child Custody), Enforcement of Alimony, Child Support or Timesharing, Income Withholding Orders, Modification of Alimony, Child Support or Timesharing, Paternity, Pre and Post Nuptial Agreements, Same Sex Marriage and Divorce, Separation/Temporary Support, Timesharing/Parenting Plans and more.

FAQ

How is timesharing (or custody) determined?

Custody is based on the best interests of the child. Many factors are used to determine custody including: the moral fitness of the parents; the child’s ties to community, school, and home aiming for continuity; the child’s age and health and whether there are any special needs; the child’s relationship with the parents and/or siblings; the child’s preference (if the child is older) and the ability for the parent to provide a safe a secure environment.

Can parents decide on timesharing?

If the parents are on friendly terms, they can design their own timesharing plan that fits their unique family lifestyle, but it will have to be reviewed by the court to make it an official order.

What if parents can’t agree on a timesharing/parenting plan?

If the parents can’t agree, then the judge will have to decide based on what is in the best interest of the child. The judge will consider several factors such as the parents’ wishes, the child’s wishes, each parent’s financial ability to support the child, any history of domestic violence or drug use, etc.

At what age can a child decide which parent to live with?

There’s no set age, and it is a common misconception that children who reach the age of 12 can decide which parent to live with. But the decision lies with a judge and typically, a judge would consider the child’s preference depending on the child’s best interests.

Can I ask for sole custody of the child?

Yes, but it’s very rare to be awarded sole custody. One would have to show that the other parent is unfit and incapable of being a competent parent.

Can timesharing be modified?

Yes, timesharing can be modified if there is a significant change in circumstances that affects the wellbeing of the child. If the parties can work out a new arrangement, but if the parties cannot agree, then the court can be petitioned for a modification.

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