Per Florida Statute the court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.
It is the public policy of Florida that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. Contrary to what some parties believe, there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.
Florida custody laws and courts always hold the best interests of the children involved before their parents’ interests. Aside from the custody laws determined by the state, this is the most significant factor in deciding who will get the custody, and what type of custody will that be.
Time-Sharing
Time-sharing refers to a parent’s time with the child. When a judge determines a time-sharing child custody schedule in Florida, the court establishes the parents’ visitation and custody schedule with the child. Parents can have 50/50 time-sharing in Florida if it is determined to be in the child’s best interest. There are many other ratios of time-sharing. The amount of time-sharing is outlined in the parties’ Parenting Plan.
In other states, this schedule might be called “joint custody”. Alternatively, a judge may award one parent far more time sharing than the other – sometimes called “sole custody” or “majority time-sharing”. Parents may lose time sharing or visitation rights if there’s evidence of domestic violence, child abuse, abandonment, or neglect. It is also possible for a judge to order supervised time-sharing if a child’s safety is at issue.
Custody refers to the decision-making for the child.
Shared Parental Responsibility
Shared Parental responsibility is each parent’s right to make major medical, educational, religious, or legal decisions on the child’s behalf. Florida custody laws favor shared parental responsibility.
Shared Parental Responsibility with the ultimate decision- making authority awarded to one parent
In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility for specific aspects of the child’s welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include education, health care, and any other responsibilities that the court finds unique to a particular family. If the parents have a pattern of discord over the child the court may award one parent ultimate decision making authority over one of these decisions or all of them.
Sole Parental responsibility
The court shall order sole parental responsibility for a minor child to one parent, with or without time-sharing with the other parent if it is in the best interests of the minor child.
Consider Hiring an Attorney
While representing yourself is always an option, custody, and time-sharing are important issues. Family law in Florida can be complicated, and a competent attorney can help guide you through the process while protecting your rights.
If you would like to discuss the specifics of your divorce or paternity case or need help with understanding custody and time-sharing, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.
Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.
At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients. Attorney Diaz practices exclusively in divorce and family law in Florida.
Written by Debora A. Diaz, Esq.