“Time-sharing” in the State of Florida—What is it and how does it work?
Many individuals are familiar with terms such as “custody” and ‘visitation” when it relates to children in family law cases. In the state of Florida these terms are outdated. Florida Statutes now use the term “time-sharing” to define the amount of time that a minor child will spend with each parent, includes overnights and holidays. Time sharing can also address electronic communication. In every family law case involving children time-sharing will need to be addressed.
So, who decides what the time-sharing schedule will be? Parents can come to an agreement regarding a time-sharing schedule, or absent an agreement, it will be determined by the Court. Absent extraordinary circumstances, in the state of Florida both parents will likely be granted time-sharing with the minor children.
Say the parents are unable to come to an agreement, how does the Court determine what the time-sharing schedule will be? The primary consideration for a Judge when determining a time-sharing plan is the best interest of the child. The determination of what is in the best interest is made by evaluating all of the factors affecting the welfare and interests of the minor child.
There are twenty (20) factors total, with no one factor being the most “important.” That being said, the Judge will determine which factors should be given more weight based on the circumstances of the case. Things like the length of time a child has lived in a stable environment, the capacity and the capacity and disposition of each parent to provide consistency for the child, and the reasonable preference of the child may all be taken into consideration.
Below are some examples of common time-sharing plans:
Still need some assistance in figuring out what’s in the best interest of your child or what kind of time-sharing plan you should implement? Want assistance getting a time-sharing plan in writing and submitted to the Court?
Contact Calvo & Calvo and let us assist you with your family law needs!