Florida Custody Laws: What You Need to Know

When it comes to parenting after a divorce or separation, the state of Florida prioritizes the well-being of children by fostering arrangements that encourage both parents to remain actively involved in their lives. However, Florida has moved away from the term "custody" and now uses terms like "timesharing" and "shared parental responsibility." These modernized legal concepts reflect Florida’s commitment to cooperative parenting. Considering the high emotional stakes involved in timesharing cases, you should get legal representation from a dedicated Florida child custody lawyer.

Florida’s Shift from Custody to Timesharing

In 2008, Florida overhauled its family law terminology, removing the word "custody" to encourage less combative litigation between parents. Today, the legal framework revolves around:

• Timesharing: Refers to the schedule detailing when a child spends time with each parent. This includes day-to-day arrangements, holidays, school breaks, and special occasions.
• Shared Parental Responsibility: Refers to the legal right and obligation of both parents to make significant decisions for the child, including those related to education, healthcare, and religion.

How Timesharing and Shared Parental Responsibility Work

Timesharing Agreements

Florida law mandates that divorcing or separated parents establish a Parenting Plan, a comprehensive document that outlines how they will share responsibilities for raising their child. A key component of the Parenting Plan is the timesharing schedule, which specifies when the child will spend time with each parent. The overarching goal of these agreements is to minimize disruption to the child’s routine while maximizing their ability to maintain meaningful relationships with both parents, provided it aligns with the child’s best interests.

Common Timesharing Arrangements

Timesharing schedules vary widely to accommodate the unique needs of each family. Here are some standard arrangements:

Weekly Arrangement

In this schedule, the child alternates between parents weekly, typically transitioning every Sunday or Monday.

Pros:

• Simple to follow and easy to plan.
• Fewer transitions can reduce stress for the child.

Cons:

• Younger children may struggle with spending an entire week away from one parent.
• One parent may miss essential milestones or events during their "off week."

Two-Week Schedule

In this arrangement, the child spends two consecutive weeks with one parent before switching to the other.

Pros:

• Allows each parent to have uninterrupted, extended time with the child.
• It works well for families with older children who can handle longer periods away from each parent.

Cons:

• It can be challenging for younger children or for parents who prefer more frequent interaction.
• Scheduling extracurricular activities or school-related events may become more complex.

4-3-3-4 Schedule

This arrangement is designed for parents who want a near-equal split of time while allowing for slightly longer stretches with each parent. The child spends four days with Parent A, three days with Parent B, then reverses the pattern the following week (three days with Parent A, four days with Parent B).

Pros:

• Maintains balance while avoiding long separations from either parent.
• It works well for school-aged children as it allows for a predictable routine.

Cons:

• Frequent transitions may be challenging for some children, especially younger ones.
• Close communication between parents is required to coordinate the schedule.

2-3-2 Schedule

This schedule is popular for families seeking frequent interaction with both parents. The child spends two days with Parent A, three days with Parent B, and two days back with Parent A, alternating the pattern the following week.

Pros:

• Ensures the child doesn’t go long without seeing either parent.
• Works well for young children who benefit from frequent contact with both parents.

Cons:

• The higher frequency of transitions may be disruptive for some children.
• Coordination and communication between parents are essential.

2-2-5-5 Schedule

In this arrangement, the child spends two days with Parent A, two days with Parent B, and then five days with each parent, alternating weekly.

Pros:

• Balances frequent interaction with more extended, more stable periods.
• Allows both parents to have a weekend with the child every other week.

Cons:

• It may be more complex to track and implement compared to more straightforward schedules.
• Transitions still occur regularly, which can be challenging for some children.

Customizing the Timesharing Schedule

The best timesharing arrangement depends on each family's specific circumstances, including the child’s age, school schedule, and the distance between the parents’ residences. Parents who can collaborate and create a mutually agreeable plan often find that their child adjusts more quickly to the new routine.

However, if parents cannot agree, the court will intervene and establish a parenting plan that it believes serves the child’s best interests. Ultimately, a well-thought-out time-sharing schedule can provide stability and consistency, ensuring the child has a strong bond with both parents while meeting their emotional and developmental needs.

Shared Parental Responsibility

Florida courts typically favor shared parental responsibility because it encourages both parents to participate in significant decisions affecting the child’s welfare. In rare cases, the court may award sole parental responsibility to one parent if shared responsibility would endanger the child’s safety or emotional health. This may also impact a co-parent's monthly child support obligation (child support guidelines schedule).

Court Decisions on Parenting Plans: The Rebuttable Presumption of Equal Timesharing

When parents cannot reach an agreement on their own, the court steps in to determine the terms of the parenting plan. In these circumstances, a skilled Florida divorce lawyer can help protect your rights and your child’s best interests. From July 1, 2023, Florida law has established a rebuttable presumption that equal time-sharing between parents is in the best interest of the child.

This presumption reflects the state’s commitment to fostering strong relationships between children and both parents. However, a parent can challenge this presumption by presenting evidence that equal timesharing would not serve the child’s best interests. The burden of proof lies with the parent opposing equal timesharing, who must demonstrate factors such as:

• A history of domestic violence or abuse.
• Parental neglect or unfitness.
• Circumstances that would jeopardize the child’s emotional or physical well-being.

Ultimately, the court evaluates all relevant evidence to ensure the parenting plan provides the child with a stable, nurturing environment.

Factors Courts Consider When Determining Timesharing

When parents cannot agree on timesharing schedules or shared parental responsibility, the court steps in to decide. Florida law mandates that judges evaluate the "best interests of the child" by considering several factors under Florida Statute §61.13, including:

1. The child’s relationship with each parent
• The court examines the extent of each parent’s involvement in the child’s life, including past participation in caregiving and decision-making.
2. The child’s needs
• Emotional, educational, developmental, and physical needs are carefully assessed.
3. Parental cooperation
• Courts look for a willingness and ability to encourage a continuing relationship between the child and the other parent.
4. Moral fitness and behavior
• The court considers each parent's behavior, including substance abuse, criminal activity, or any other factor that could affect the child’s safety or development.
5. Parent’s mental and physical health
• A parent’s capacity to care for the child, based on mental and physical fitness, is critical.
6. Stability of home environment
• Courts favor arrangements that provide continuity in the child’s schooling, community, and family life.
7. Child’s preference
• If the child is of sufficient maturity, their preferences may be taken into account.
8. Evidence of abuse or neglect
• Any history of domestic violence, child abuse, or neglect weighs heavily against a parent.

Modifying Timesharing Agreements

Life circumstances can change, necessitating a modification of timesharing, parental responsibility agreements, or the child’s primary residence. In Florida, improvements can be made if:

• There is a substantial, material, and unanticipated change in circumstances.
• The change is in the best interests of the child.

Common reasons for modifications include relocation, changes in a parent’s work schedule, or concerns about the child’s safety.

Parental Rights in Florida

Rights of Both Parents

• Both parents have the right to participate in their child’s upbringing unless the court determines otherwise.
• Neither parent is given preference based on gender. Florida law ensures an equitable approach to timesharing and parental responsibility.

Rights to Access Information

Under Florida Statute §61.13(2)(b), both parents have the right to access the child’s medical, educational, and extracurricular records.

Relocation Restrictions

If a parent wishes to relocate more than 50 miles away for more than 60 days, they must seek approval from the other parent or the court.

Enforcement of Parenting Plans in Florida

Failure to comply with a court-ordered parenting plan can result in legal penalties, including:

• Fines
• Makeup timesharing for the other parent
• Modification of the parenting plan

The Child’s Preference

In Florida, a child’s preference can be considered when deciding the terms of a parenting plan, but it is not the only factor the court evaluates. Judges weigh many aspects to determine what is in the child’s best interest. Children typically do not attend custody hearings unless the court approves it beforehand. 

If you want your child to share their thoughts with the court, you will need to formally request this by scheduling a hearing. If a minor child is permitted to testify, it usually happens in what is called an in-camera examination. This is a private meeting in the judge’s office without the parents, attorneys, or public present. 

Where to File Your Custody Case in Florida?

Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to decide where a custody case should be filed. This law prevents parents from moving to another state to avoid Florida’s custody rules and ensures that Florida retains control of the case until it officially transfers jurisdiction.

Under the UCCJEA, the child’s home state has jurisdiction over the case. The home state is typically where the child has lived for at least six months before the case is filed. If no state meets this six-month requirement, the court determines which state has the closest connection to the child and assigns jurisdiction there.

Once a case is filed in the home state, no other state can override or modify Florida’s orders unless Florida releases its jurisdiction. Even if the child moves to another state and lives there for more than six months, Florida will keep jurisdiction as long as one parent continues to live in the state. This is called continuing exclusive jurisdiction. Florida retains authority over custody matters until it officially relinquishes control.

The Role of the Guardian Ad Litem

A guardian ad litem is a person appointed by the court, either automatically or by request, to represent the child’s best interests in a custody case. Unlike attorneys for the parents, a guardian ad litem focuses solely on what is best for the child, not on advocating for either parent’s position.

The guardian ad litem investigates the situation, including interviewing parents, the child, and others involved, and reviews relevant records. They then provide a report to the court with recommendations to ensure that the custody arrangement is in the child’s best interest. 

Get Personalized Representation from Our Experienced Florida Child Custody Attorneys

At Veliz Katz Law, we bring decades of experience, a proven track record, and a client-focused approach to help families overcome the challenges of child custody disputes. Here’s what sets us apart:

• Over 60 Years of Combined Experience: Our attorneys, David Veliz, and Norberto Katz, have dedicated their careers to family law, offering deep legal knowledge and strategic insights. We have been proudly serving families in Central Florida and surrounding areas since 1994.
• Compassionate Legal Support: Child custody matters can be emotionally taxing. We understand the personal stakes involved and provide empathetic, clear, and supportive guidance every step of the way so you can focus on your family.
• Personalized Strategies for Unique Cases: No two families are alike, and neither are their legal needs. We take the time to understand your specific circumstances and develop a customized plan to pursue your desired outcome.
• Open and Clear Communication: Whether it is a custody case or a case where you have to receive or pay child support, we keep you informed at every step, ensuring you understand the process and feel confident in your decisions.

When your child’s future is on the line, trust Veliz Katz Law to provide the skilled and personalized representation you need. To schedule your free consultation, call us at 407-410-4146 or contact us online.