Child custody (called Timesharing in Florida family law) is an issue that surfaces in a variety of legal scenarios, including divorce, death of a parent, adoption, and guardianship. Every situation regarding child custody is unique, and as such, determining custody can be difficult. In Florida, the Court is always required to consider the best interest of the child, and that is likely different in any situation.
Parents seeking a divorce may be intimidated by the process. They may even experience fear or anxiety, which can make the process even more challenging. Where a divorce is amicable, and parents are able to agree on an appropriate custody arrangement, the process may be simpler.
Key Points for a Timesharing Determination
In cases where parents cannot agree, a judge determines the overall arrangements for the child, which are detailed in a parenting plan. The judge makes this decision based on the child’s best interests, and to determine this, the judge will consider a few key points.
Parental Preference
In cases where parents cannot agree on a time-sharing arrangement (the Florida term for joint custody), the judge will consider the wishes and preferences of both parents, usually expressed as a written “parenting plan” a required document that goes into detail as to the timesharing arrangement desired by the parent.
During this process, a judge takes into account the parents’ willingness to cooperate with one another, close proximity to the other’s home, ability to offer a stable routine for the child, and the ability to meet all physical and emotional needs of the child.
Analyzing these factors will aid the judge in determining whether majority time sharing (sole custody) is better for the child than time sharing (joint custody).
Child Preference
If the child is of a reasonable age, the judge may also consider the wishes of the child for the custody arrangement. However, a minor cannot give testimony without receiving prior approval by the judge. If allowed, the child may give in-camera (the child alone with the judge) testimony detailing their preferences for future arrangements.
In many cases, the child’s preferences can surround factors such as living conditions, proximity to the desired school, proximity to friends and close family, and the ability to participate in extracurricular activities. These concerns are usually part of the determination of the best interest of the child.
Best Interest of the Child
As stated herein, in making a timesharing determination, the Court is guided by the “best interest of the child.” There is a list of factors in the Florida Statutes that the Court may consider in making this determination, although they are allowed to consider others. Oftentimes, judges will tell parents who cannot agree on a timesharing schedule that it is better to compromise, and have input into the process, than to not agree and having the Judge decide, which often results in a schedule neither parent may prefer.
Questions Regarding Timesharing?
Are you facing a difficult child custody scenario? If you are uncertain of how to proceed, we are here to assist you.
At Apfelbaum Law, our team of experienced attorneys provides a wide range of legal services. Our staff is prepared to help you in areas of family law, divorce law, guardianship, and more.
If you have questions regarding the child custody process, or are seeking an attorney to represent you, contact us today to schedule a consultation.
