There are various time-sharing specifics that outline the Florida state custody laws for quality time-sharing. Placing the children’s best interest first, the judge is tasked with determining what is best for the child as it relates to allocating time spent between the two parents. There is no bias or preference for mother or father care during these rulings.
In 2023, a rebuttable presumption was put into effect, acknowledging that equal timesharing is in the best wellbeing of the child. Rebutting cases requires a burden of proof and evidence suggesting that equal timesharing is not in tne child’s best interest. The unique circumstances of each case are examined as they relate to the best interest of the child. Your attorney can help you work through your case to present an effective plan for your child’s best interest.
In this article, we explore Florida custody law, and everything that you need to know about equal time-sharing. We will discuss aspects of Florida’s Parenting Plan and how time-sharing goes into effect under this plan. Read on to learn more.
Florida Custody Law: Understanding Timesharing Schedules
Timesharing conditions in Florida are determined by what the court feels is in the best interest of the child. Should the parents come to an agreement before filing, according to Florida custody law, changes can potentially be made to accommodate this schedule.
Here are some of the terms that may be applicable to time-sharing plans:
The times sharing schedules differ in Florida’s parenting plan. There may be weekly arrangements, two-week based arrangements, and additional arrangements like a 4-3, 3-4, 2-3-2, and 2-2–5-5 schedules. Each of these outline the days and blocks given to each parent for time with the child.
In some instances, the parents may result with an “uncontested” child custody case whereby an agreement on custody is reached between the parents prior to filing their case. An attorney can also be of assistance in negotiating a time-sharing plan should the parents aim to form an agreement before filing.
Legal Approaches To Time Planning Changes
The determined plan for parent-child time-sharing can be modified in certain cases, but outside these circumstances, it is expected that both parents abide by the predetermined schedule. In instances where plans may be modified, serious changes must have occurred that impact the child’s best interest. Should significant changes occur, a Florida family law court may be called on to determine if a change is in the best interest of the child. Florida custody law indicates that significant changes that warrant the involvement of a legal counsel include child abuse, parent death, long-term imprisonment, etc.
Enforcing Parenting Plans
There are also ways to ensure that a parenting plan is enforced. Florida custody law outlines a parenting time sharing plan that uses various sanctions to enforce the time sharing plan. In Florida, the parent who was denied time with the child will receive extra time to compensate for the time lost. Proof of the other parent’s failure to follow the parenting plan without proper cause is required. If this occurs outside the state of Florida, the parent should file a motion to enforce the plan. A qualified custody attorney can be of assistance to guide the parent through the process.
Determining Custody In Florida
According to Florida custody law, determining custody and time-sharing schedules are dependent on a myriad of factors including parental willingness to meet child’s needs, child preference, parental involvement and moral fitness, willingness to honor timesharing schedules, etc. These are just some of the twenty factors a Florida judge must consider when making a decision on assigning custody.
Child preference may require a child testimony but this aspect is not the only factor of consideration by the judge. Additionally, based on Florida custody law, a guardian ad litem, an individual who is looking out for the child’s best interest regardless of parents, also has power to express whether the child’s best interests are being protected under the custody agreements.
General Preference For Equal Time-Sharing In Florida
Florida custody law has a legal preference for equal parent-child timesharing. There are situations where this is not the case which can be advocated for through the “rebuttable presumption” component that resides with thel time-sharing laws. In this format, the assumption that the child’s best interest is to spend 50-50 with both parents can be challenged.
Learning More With A Florida Family Law Attorney
While there may be an underlying preference for equal time sharing in custody cases, there are exceptions and specific legal approaches to advocating for alternative time schedules. Showcasing with the help of an attorney that an alternative schedule is in the best interest of the child may be received with the adjustments made accordingly. Contact a trusted attorney to learn more about the Florida custody law conditions that apply to your case.
This article is used for entertainment purposes only and does not provide legal advice.