In a divorce dispute, Florida law refers to child custody differently than in most other states. The time that each parent spends with their children following a divorce is referred to as “timesharing” or “visitation” under Florida law.
Timesharing decisions are important because, barring extreme circumstances, such as marital violence or substance abuse, the courts will assume that the child’s best interests will be served by having time with both parents.
What You Need to Know about Timesharing
Three Important things you need to know about timesharing are outlined below.
#1 Types of Timesharing
There are different types of timesharing scenarios that can occur depending on the needs and circumstances involved in a particular case.
Equal, or “fifty-fifty” timesharing can often occur. This type of timesharing means that the child spends 50% of the time with each parent. The child may switch homes on a weekly basis, or the parents may determine another more workable arrangement.
Majority timesharing often occurs, and typically means one parent spends most of the time with the child, and their address is usually used as the child’s address for healthcare and educational needs, although the Court can decide otherwise.
Supervised timesharing is occasionally required and is not used often. The judge must determine that the best interest of the child or children require a parent’s contact to be observed by a third party.
#2 The Timesharing Decision Process
Judges must consider a number of issues when determining parental responsibility and timesharing. Following the evaluation, the court will decide which parent is most suited to care for the child or children. There are a number or statutory factors the court can consider in determining the best interests of the child.
#3 Differences Between Shared and Sole Parental Responsibility
Florida law distinguishes between timesharing and parental responsibility. No matter how much time a parent may have with their child, they have a right to input in decision making for their child.
The norm in Florida is “shared parental responsibility”, meaning when making significant decisions for the child, both parents must collaborate to decide what is in their child’s best interest. Parents are expected to work together in determining what is best for the child.
When only one parent makes decisions for the child and is responsible for the care and welfare of the child, this is known as sole parental responsibility. This is not standard, and the judge must be convinced it is in the best interest of the child.
We Can Advocate for You
If you need someone to advocate for your rights as a parent, while serving as your guide through the legal process, we are here to help. Apfelbaum Law understands the sensitive nature of family law matters and can help you every step of the way.
At Apfelbaum Law, our team of experienced attorneys provides a wide range of legal services. Our staff is prepared to help you in the areas of family law, divorce law, guardianship, and much more. Contact us today.
