Whether you are facing a divorce or were never married to your child’s other parent, facing the prospect of shared parenting can be difficult. You likely want to spend as much time with your child a possible, and you want to have valuable input into important decisions for your child’s life. However, Florida has specific rules that govern how parents will share time with their children, as well as parenting responsibilities. It is important to discuss your rights as a parent with an experienced Palm Beach County time-sharing and visitation lawyer as soon as possible. Call Marquez Law today for a free 30 minute consultation.

Time-Sharing Rights in Florida

What is known as “physical child custody” in many states is called “time-sharing” under Florida law. Time-sharing refers to the amount of time that each parent gets to spend with the child. If one parent is awarded majority time-sharing rights, the other parent will likely get visitation rights. Time-sharing arrangements can vary widely and should depend on many factors.

Florida courts must decide time-sharing and visitation rights based on what is in the best interests of the child. The courts generally presume that having continuing and frequent contact with both parents is in the child’s best interests, unless the circumstances indicate otherwise. In determining how to divide parenting time, the court will review many factors, including but not limited to:

• Whether both parents are willing and capable to cooperate and adhere to a joint arrangement

• Each parent’s ability to act in the best interests of the child

• The child’s connection to a stable household, community, and other important aspects of their life

• The mental health, physical health, and moral fitness of each parent

• The special needs of the child

• Whether parents can provide a stable environment and routine for the child

• Whether one parent has typically provided more care for the child

• Whether either parent is trying to alienate the child from the other parent

• Whether one parent may pose an emotional or physical threat to the child

Most situations result in shared parenting time between the parents. However, if you believe your child’s other parent poses a threat to their health and well-being, it is important to bring this to the attention of the court. The court will consider this factor when awarding time-sharing and visitation rights.

Agreeing to a Custody Arrangement

It is often preferable for parents to reach their own time-sharing agreement. As long as the court finds the agreement is in the best interest of the child, parents can maintain control over their schedules and what type of division will work best for the family. The right attorney can help negotiate to reach an agreement whenever possible.

What is a Parenting Plan or Timesharing Agreement?

A parenting plan is a document developed and agreed to by the parents of a minor child, and approved by the court, or if the parents cannot agree, established by the court, which governs the relationship between the parents regarding the child (encompassing “custody”, “parental responsibility”, and “visitation”). A parenting plan may address issues such as the child’s education, health care, and physical, social, and emotional well-being, and must include a time-sharing schedule.

For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration.

What Factors are Used by Judges to Determine Timesharing in Florida Custody Cases?

If the parents cannot agree to a timesharing plan and parenting plan that provides for the needs and best interests of their child, the court intervenes to set the terms of the plan. Some of the factors a judge considers include:

•  The mental/physical health of each parent

•  The length of time a child/children have lived at a current residence

•  Each parent’s fitness in terms of morals

•  How willing each parent is in terms of keeping the other parent informed of children’s activities and interest, honoring a time-sharing schedule, encouraging strong relationship with other parent, and more

• How willing each parent is to place the child/children’s needs over their own desires

• The child’s history in terms of home, school, and community

• The ability of each parent to meet the developmental needs of the children

• The ability of each parent to provide children with a consistent or regular routine in terms of meals, bedtime, homework, etc.

• Whether there is evidence in either parent’s home of drug use, violence, neglect, or abuse

• Depending on the child’s intelligence and maturity, the child’s preference as to which parent he/she will live with

All of these factors that are used to determine timesharing and parenting plans are complex. Our Boca Raton time sharing and custody lawyers thoroughly investigate each element to be a strong advocate for you and your child.