On This Page
- What Is Time-Sharing?
- Is Florida a 50/50 Time-Sharing State?
- Equal Time-Sharing Presumption
- Can the 50/50 Presumption Be Overcome?
- What Are the Child’s Best Interests?
- What Factors Does the Judge Consider?
- Stability and Routine
- Historical Parenting Responsibilities
- Does a Parent’s Work Schedule Matter?
- Does Distance Between Parents Matter?
- Does the Child’s School Matter?
- Does the Child Get to Choose?
- Does Parental Cooperation Matter?
- Domestic Violence and Time-Sharing
- Substance Abuse and Time-Sharing
- Can Parents Agree on a Schedule?
- What If Parents Cannot Agree?
- Evidence in a Time-Sharing Case
- Holidays and Summer Time-Sharing
- Can Time-Sharing Be Supervised?
- Time-Sharing for Unmarried Parents
- Can Time-Sharing Be Modified?
- Frequently Asked Questions
- Key Takeaway
How Is Time-Sharing Determined in Florida?
When Florida parents separate or divorce, one of the most important questions is how their child will divide time between them. A workable time-sharing schedule must address much more than the number of overnights each parent receives. School, transportation, work schedules, activities, stability, the child’s developmental needs, and the parents’ ability to carry out the schedule can all matter.
Florida law determines time-sharing according to the best interests of the child. Current law also establishes a rebuttable presumption that equal time-sharing is in a minor child’s best interests. That presumption is important, but it does not mean that every Florida family automatically receives an identical 50/50 schedule.
How Is Time-Sharing Determined in Florida?
Florida time-sharing is determined according to the child’s best interests. Florida law currently establishes a rebuttable presumption that equal time-sharing is in a minor child’s best interests. If parents cannot agree on a schedule, the court considers the factors established by Florida Statute § 61.13 and the circumstances of the particular family.
The court can consider parental cooperation, historical parenting responsibilities, stability, school, geographic practicality, the child’s developmental needs and reasonable preference, domestic violence or abuse, safety concerns, and each parent’s ability to meet the child’s needs.
What Is Time-Sharing in Florida?
Florida family law generally uses the term time-sharing to describe the schedule under which a child spends time with each parent. Parents may still use terms such as “custody” or “visitation” in everyday conversation, but Florida law uses more specific terminology when establishing parenting arrangements.
Three concepts are particularly important:
- Parental responsibility concerns how important decisions affecting the child are made.
- A parenting plan establishes the broader framework governing the parents’ responsibilities concerning the child.
- A time-sharing schedule establishes when the child spends time with each parent.
A parenting plan may address regular weekdays and weekends, holidays, school breaks, summer schedules, transportation, exchanges, communication, education, health care, and other matters necessary to create a workable parenting arrangement.
The Florida Courts parenting plan forms and resources provide official examples of the matters that may need to be addressed in a Florida parenting plan.
Parents in Broward County can also review Greenberg Law’s Broward Parenting Plan and Time-Sharing Guide for a broader discussion of how parenting plans operate.
Is Florida Automatically a 50/50 Custody State?
Florida law currently establishes a rebuttable presumption that equal time-sharing is in the best interests of a minor child. This creates an important starting point when a court determines time-sharing, but it does not mean that every Florida parenting case automatically results in an identical 50/50 schedule.
The word rebuttable matters. A parent can present evidence seeking to establish that equal time-sharing is not in the particular child’s best interests.
The court must still consider the statutory best-interest factors and the circumstances of the individual family. Issues involving domestic violence, abuse, geographic practicality, a child’s developmental needs, parental conduct, or other significant circumstances may affect whether equal time-sharing is appropriate.
For a more detailed discussion of equal parenting schedules, see Greenberg Law’s 50/50 Custody in Florida Explained.
What Is the Presumption of Equal Time-Sharing in Florida?
A legal presumption provides a starting point for the court’s analysis. Under Florida Statute § 61.13, there is a rebuttable presumption that equal time-sharing is in the best interests of a minor child, unless otherwise provided by law.
Florida Legal Rule: Equal Time-Sharing Is a Rebuttable Presumption
Equal time-sharing is the statutory starting point, but it is not an automatic result in every case. A parent seeking to rebut the presumption can present evidence that equal time-sharing is not in the child’s best interests.
When parents cannot agree, the court considers the statutory best-interest factors and the circumstances of the family before establishing or modifying the time-sharing schedule.
This distinction is important. A rebuttable presumption favoring equal time-sharing does not mean that the court simply counts the available days, divides them equally, and ends the analysis.
The parenting arrangement still needs to serve the child’s best interests and function in the child’s everyday life.
Can the Equal Time-Sharing Presumption Be Overcome?
Yes. Florida’s equal time-sharing presumption can be rebutted. A parent seeking a different arrangement can present evidence showing why equal time-sharing would not be in the particular child’s best interests.
The court evaluates the evidence under the applicable legal standard rather than simply deciding which parent’s preferred schedule sounds better.
Depending on the case, relevant circumstances may involve:
- domestic violence or abuse;
- significant safety concerns;
- geographic distance between the parents;
- the child’s developmental or educational needs;
- the practical effect of frequent exchanges;
- parental conduct affecting the child’s relationship with the other parent;
- substance abuse affecting parenting or safety; or
- other circumstances relevant to the child’s best interests.
The existence of a disagreement between parents is not itself enough to answer the question. The court focuses on evidence concerning the child and the proposed parenting arrangement.
What Does “Best Interests of the Child” Mean in Florida?
The best-interests-of-the-child standard requires the court to evaluate the parenting arrangement from the child’s perspective rather than simply deciding what either parent wants.
Parents may enter a time-sharing dispute with very different positions. One may believe equal time-sharing provides the child with meaningful relationships with both parents. The other may believe the child’s circumstances require a different schedule.
The court considers the statutory factors and evidence relevant to the child’s welfare. This can include stability, school, developmental needs, established routines, parental involvement, geographic considerations, safety, parental cooperation, and the practical ability of each parent to meet the child’s needs.
The purpose is not to reward one parent or punish the other. The objective is to establish a parenting arrangement that serves the child.
What Factors Does a Florida Judge Consider When Determining Time-Sharing?
Florida Statute § 61.13 identifies numerous factors a court considers when determining the child’s best interests and establishing or modifying a parenting plan and time-sharing schedule.
These factors are more useful when understood as practical questions about the child’s life rather than simply as a statutory checklist.
Will Each Parent Support the Child’s Relationship With the Other Parent?
The court can consider each parent’s demonstrated ability and willingness to facilitate and encourage a close and continuing parent-child relationship, honor the time-sharing schedule, and be reasonable when changes are required.
A parent who repeatedly interferes with exchanges, communication, or the child’s relationship with the other parent can create concerns. At the same time, legitimate safety issues should not be confused with unreasonable interference.
How Will Parenting Responsibilities Actually Be Divided?
A proposed schedule needs to function outside the courtroom. The court can consider how parenting responsibilities will be divided after the case and whether particular responsibilities may need to be handled by someone else.
Practical questions can include:
- Who will take the child to and from school?
- Who will attend medical appointments?
- Who communicates with teachers and school personnel?
- How will extracurricular activities be handled?
- Who provides care when a parent is working?
- How will transportation between households work?
A time-sharing schedule that appears reasonable on paper may create difficulties if the parents cannot realistically carry out these responsibilities.
Will Each Parent Put the Child’s Needs First?
The court can consider each parent’s demonstrated ability and willingness to determine, consider, and act upon the child’s needs rather than the parent’s own needs or desires.
Time-sharing litigation can become emotionally difficult. Parents may strongly disagree about what schedule should be ordered, but the focus remains on the child’s welfare rather than either parent’s desire to prevail against the other.
How Important Is Stability When Determining Time-Sharing?
Stability and continuity can be important when a Florida court evaluates a parenting arrangement. Children often rely on predictable routines involving school, homework, meals, bedtime, activities, transportation, friends, and family relationships.
A time-sharing schedule should consider how transitions between households affect those routines.
Stability does not necessarily mean that a child must spend most of the time in one household. Equal or substantial time-sharing can provide stability when the schedule is practical, predictable, and appropriate for the child’s circumstances.
The important question is whether the proposed arrangement provides workable continuity for the particular child.
Does It Matter Which Parent Has Historically Cared for the Child?
Yes, historical parenting responsibilities can be relevant to the court’s analysis. Florida law permits consideration of the particular parenting tasks historically performed by each parent and the division of parental responsibilities before and during litigation.
Relevant circumstances may include each parent’s involvement with:
- school and homework;
- medical and dental care;
- extracurricular activities;
- transportation;
- meals and daily routines;
- bedtime and morning routines;
- communication with teachers and caregivers; and
- other regular parenting responsibilities.
Historical involvement does not automatically guarantee either parent a particular future schedule. It can, however, help the court understand how the parents have actually cared for the child and how a proposed parenting arrangement may function.
Does a Parent’s Work Schedule Affect Time-Sharing?
A parent’s work schedule can affect the practicality of a proposed time-sharing arrangement, but employment does not automatically prevent a parent from receiving substantial or equal time-sharing.
Many parents work full time and successfully maintain significant parenting schedules. The practical details matter.
Depending on the circumstances, questions may include:
- Can the parent handle school drop-off and pickup?
- Who cares for the child before or after school?
- Does the parent regularly work overnight?
- Does the work schedule change frequently?
- Is appropriate child care available when necessary?
- Can the proposed schedule provide consistency for the child?
The court can consider the actual parenting arrangement rather than assuming that a particular type of employment automatically favors or disfavors a parent.
Does Distance Between the Parents Affect Time-Sharing?
Yes. Geographic practicality can significantly affect whether a proposed time-sharing schedule will work for the child.
A schedule that functions well when parents live close to one another may become difficult when their homes are separated by a substantial distance. This can be particularly important for school-age children.
Frequent long-distance exchanges can affect:
- school arrival and departure times;
- homework;
- sleep and bedtime routines;
- extracurricular activities;
- friendships and social activities;
- transportation responsibilities; and
- the amount of time the child spends traveling between households.
Florida law specifically includes the geographic viability of the parenting plan among the considerations relevant to the child’s best interests.
The question is therefore not simply whether the calendar gives both parents equal numbers of days. The schedule must also be practical for the child’s everyday life.
Does the Child’s School Matter When Determining Time-Sharing?
Yes. A child’s home, school, and community record can be relevant when determining an appropriate parenting arrangement.
School-related considerations may include:
- attendance and punctuality;
- academic performance;
- special educational needs;
- transportation;
- before- and after-school care;
- homework routines;
- extracurricular activities; and
- the practical effect of moving between the parents’ homes.
A parenting plan should account for the child’s educational needs rather than create unnecessary disruption simply to make a particular schedule work.
Does a Child Get to Choose the Time-Sharing Schedule in Florida?
No. Florida does not establish a specific age at which a minor child automatically receives the right to choose the time-sharing schedule.
Florida law allows the court to consider the reasonable preference of the child when the court determines that the child has sufficient intelligence, understanding, and experience to express a preference.
The child’s wishes remain one part of the broader best-interests analysis. They do not automatically control the outcome.
For example, an older teenager may have thoughtful concerns involving school, employment, transportation, extracurricular activities, or established relationships. Those circumstances may be relevant, but the teenager does not replace the court as the decision-maker.
For a more detailed explanation, see Greenberg Law’s Can a Child Choose Which Parent to Live With in Florida?
Does Parental Cooperation Affect Time-Sharing?
It can. A workable parenting arrangement frequently requires parents to exchange information, follow schedules, coordinate transportation, discuss important matters affecting the child, and respond reasonably when circumstances require changes.
The court can consider each parent’s demonstrated ability and willingness to communicate with the other parent and keep the other parent informed about issues and activities concerning the child.
Parents do not need to become friends after separation or divorce. They do, however, need to recognize that their conflict with one another should not unnecessarily interfere with the child’s relationship with either parent.
Can a Parent Lose Time-Sharing for Refusing to Cooperate?
A single disagreement or difficult communication style does not automatically cause a parent to lose time-sharing. Persistent conduct that affects the child or interferes with the parenting arrangement can nevertheless become relevant.
Concerns may arise when a parent repeatedly:
- interferes with scheduled parenting time;
- refuses to exchange necessary information;
- makes exchanges unnecessarily difficult;
- involves the child in parental conflict;
- encourages the child to reject the other parent; or
- refuses to follow an existing parenting plan.
The court evaluates the conduct in the context of the child’s best interests and the applicable Florida law.
How Does Domestic Violence Affect Time-Sharing?
Domestic violence can significantly affect a Florida time-sharing determination. The child’s safety and welfare remain central to the court’s analysis, and evidence involving domestic violence, abuse, abandonment, or neglect can affect parental responsibility, time-sharing, exchanges, and other provisions of the parenting plan.
Florida Statute § 61.13 specifically requires courts to consider evidence of domestic violence, sexual violence, child abuse, child abandonment, and child neglect when evaluating the child’s best interests.
Depending on the circumstances and applicable law, safety concerns may affect:
- the amount and structure of time-sharing;
- parental responsibility;
- where exchanges occur;
- whether additional protections are appropriate;
- whether supervision is necessary; and
- other conditions intended to protect the child.
Domestic violence cases should not be treated like ordinary disagreements about scheduling or parental communication. When there is a legitimate concern involving immediate danger to a child, prompt legal action may be necessary.
For a more detailed discussion, see Greenberg Law’s Can a Parent Lose Custody for Domestic Violence in Florida?. When circumstances may require immediate court intervention, see Emergency Child Custody Orders in Florida.
Does Substance Abuse Affect Time-Sharing?
Substance abuse can affect a Florida time-sharing determination when it impacts a parent’s ability to provide a safe, stable, and appropriate environment for the child.
The issue is not simply whether a parent has ever consumed alcohol or used a substance. The relevant concern is whether substance misuse affects parenting ability, judgment, supervision, reliability, safety, or the child’s welfare.
Depending on the circumstances, evidence may involve:
- substance use while caring for the child;
- impaired driving with the child;
- failure to provide appropriate supervision;
- repeated impairment affecting parenting responsibilities;
- unsafe conditions within the home;
- failure to comply with treatment or court requirements when applicable; or
- other conduct affecting the child’s safety or well-being.
Allegations alone should not automatically be treated as established facts. Evidence and the circumstances surrounding the alleged substance abuse matter.
When credible substance-related concerns affect the child’s welfare, they can influence the structure of the parenting plan and time-sharing schedule.
Can Parents Agree on Their Own Time-Sharing Schedule?
Yes. Parents can often reach an agreement about how they will share time with their child rather than asking a judge to determine every aspect of the schedule.
An agreed parenting arrangement can address:
- regular weekdays and weekends;
- school-day schedules;
- holidays;
- birthdays;
- school breaks;
- summer vacations;
- transportation and exchanges;
- telephone and electronic communication;
- extracurricular activities; and
- procedures for handling reasonable schedule changes.
An agreement can allow parents to create a schedule suited to their child’s needs and the realities of the family’s daily life. Parents may also agree to an arrangement that is not an exact 50/50 division when another schedule better serves their child.
When a family-law case is pending, the parenting plan should be presented and handled through the appropriate court process rather than relying indefinitely on an informal understanding.
What Happens If Parents Cannot Agree on Time-Sharing?
When parents cannot agree on a parenting plan and time-sharing schedule, the court can determine the disputed parenting issues.
The judge considers Florida’s equal time-sharing presumption, the statutory best-interest factors, and the evidence concerning the particular child and family.
The dispute should therefore focus on facts relevant to the child’s welfare rather than generalized accusations about which parent is “better.”
Depending on the issues being contested, the court may need information concerning:
- the child’s existing schedule and routine;
- each parent’s historical involvement;
- school and educational needs;
- work schedules;
- transportation;
- geographic distance between the parents;
- parental communication and cooperation;
- the child’s developmental needs;
- the child’s reasonable preference when legally appropriate;
- domestic violence, abuse, or other safety concerns; and
- other circumstances affecting the child’s best interests.
The court then establishes a parenting arrangement based on the applicable Florida law and evidence presented.
What Evidence Can Matter in a Contested Time-Sharing Case?
The evidence that matters in a time-sharing dispute depends on the issues actually being contested. Useful evidence generally helps the court understand the child’s circumstances, each parent’s involvement, and how the proposed parenting schedule would operate.
Depending on the case, potentially relevant information can include:
- school and attendance records;
- parenting calendars and schedules;
- communications between the parents;
- documentation concerning exchanges;
- medical information when relevant;
- extracurricular schedules;
- employment schedules;
- transportation arrangements;
- evidence of historical parenting responsibilities;
- documentation concerning missed parenting time;
- evidence involving domestic violence or safety concerns; and
- other information connected to the statutory best-interest factors.
Parents should avoid attempting to manufacture evidence or provoke the other parent into making damaging statements. Communications created primarily for litigation may not provide the same insight as records showing how the parents actually handled the child’s needs over time.
Focus Evidence on the Child and the Parenting Plan
A contested time-sharing case should not become an unrestricted investigation into every disagreement the parents have ever had. Evidence is most useful when it helps explain a factor relevant to the child’s welfare or the practicality of the proposed parenting arrangement.
Are Holidays and Summer Included in a Florida Time-Sharing Schedule?
A well-developed parenting plan should address holidays, school breaks, and summer time-sharing when those issues apply to the family.
A regular weekly schedule alone may not answer what happens when school is closed or when both parents want to spend an important holiday with the child.
The parenting plan may address:
- Thanksgiving;
- winter holidays and school break;
- spring break;
- Mother’s Day and Father’s Day;
- the child’s birthday;
- parents’ birthdays;
- three-day weekends;
- summer vacation;
- family travel; and
- other holidays or special occasions important to the family.
Parents may alternate certain holidays from year to year, divide holiday periods, or create another arrangement appropriate for the child.
Clear provisions can reduce recurring disputes and give the child greater predictability about where holidays and vacations will be spent.
How Are Transportation and Exchanges Determined?
Transportation is an important practical part of many parenting plans. A time-sharing schedule can become difficult to follow when the plan does not clearly address how the child moves between households.
Depending on the family’s circumstances, the parenting plan may need to establish:
- which parent transports the child;
- where exchanges occur;
- when exchanges occur;
- whether school pickup or drop-off serves as the exchange;
- how delays are communicated;
- how transportation works during holidays and school breaks; and
- how significant travel expenses are handled when applicable.
Using school as an exchange point can sometimes reduce direct exchanges between parents and make transitions easier for the child, although the appropriate arrangement depends on the family’s circumstances.
When legitimate safety concerns exist, the court may need to consider additional protections concerning exchanges.
Can Time-Sharing Be Supervised in Florida?
Yes, in appropriate circumstances. Supervised time-sharing or other protective conditions may be considered when necessary to address legitimate concerns involving the child’s safety or welfare.
Supervision is not ordinarily appropriate merely because the parents dislike or distrust each other. The need for restrictions should be connected to evidence and circumstances relevant under Florida law.
Issues that may raise questions about supervision or other safeguards can include serious concerns involving:
- domestic violence;
- child abuse or neglect;
- substance misuse affecting child safety;
- dangerous or threatening conduct; or
- other circumstances creating a significant concern for the child’s welfare.
The specific protections appropriate in a particular case depend on the facts and the court’s determination under applicable Florida law.
How Is Time-Sharing Determined for Unmarried Parents?
Parents do not need to have been married for Florida law to establish parental responsibility, a parenting plan, and time-sharing.
For unmarried parents, an additional issue may involve whether legal paternity has been established. Once the appropriate legal parent-child relationship is established, parenting issues can be addressed through the applicable Florida family-law process.
The child’s best interests remain central to the determination of an appropriate time-sharing schedule.
Unmarried parents should not assume that a long-standing verbal or informal parenting arrangement necessarily provides the same protection as a court-established parenting plan.
For a detailed discussion of these issues, see Greenberg Law’s Unmarried Parents and Child Custody in Florida.
Does Time-Sharing Affect Child Support in Florida?
Time-sharing and child support are separate legal issues, but the parenting arrangement can be relevant to the calculation of child support under Florida law.
Equal time-sharing does not automatically mean that neither parent will pay child support. The child-support calculation can involve parental income and other factors required by Florida law in addition to the time-sharing arrangement.
Likewise, a disagreement about child support does not automatically authorize either parent to interfere with court-ordered time-sharing.
Parents should address parenting issues and financial support under the legal standards applicable to each. For additional information, see Greenberg Law’s How Child Support Is Calculated in Florida.
Can a Time-Sharing Schedule Be Modified Later?
Potentially. Children grow, schools change, parents move, employment schedules change, and a parenting arrangement that once worked well may eventually become impractical.
However, a parent cannot simply rewrite an existing court-ordered time-sharing schedule because another arrangement is now preferred.
Florida law establishes requirements for modification of parenting plans and time-sharing schedules. The parent seeking modification must satisfy the applicable legal standard, and the court must consider the child’s best interests.
Reasons a parent may consider seeking modification can involve:
- significant changes in the child’s needs;
- changes in school or educational circumstances;
- changes affecting the practicality of the existing schedule;
- a parent’s relocation or change in residence;
- significant changes in work schedules;
- persistent problems carrying out the existing parenting plan;
- safety concerns; or
- other circumstances potentially relevant under Florida law.
Until an existing order is properly modified, parents should be cautious about treating an informal change as a permanent replacement for the court-ordered schedule.
Time-Sharing Factors at a Glance
Florida courts consider the child’s best interests when determining a parenting plan and time-sharing schedule. The following table summarizes several of the major considerations discussed throughout this page.
| Factor | Why It Can Matter |
|---|---|
| Child’s Best Interests | The child’s best interests remain the central consideration when the court determines the parenting arrangement. |
| Equal Time-Sharing Presumption | Florida law establishes a rebuttable presumption that equal time-sharing is in a minor child’s best interests. |
| Parental Cooperation | The court can consider whether each parent supports the child’s relationship with the other parent, communicates appropriately, and follows parenting arrangements. |
| Parenting History | The parents’ historical responsibilities can help show how each parent has participated in the child’s daily care and activities. |
| Stability and Routine | School, homework, sleep, activities, transportation, and consistent routines can affect whether a proposed schedule works for the child. |
| Geographic Practicality | Distance between the parents’ homes can affect school transportation, activities, exchanges, travel time, and the practicality of the schedule. |
| Child’s Preference | A child’s reasonable preference may be considered when the child has sufficient intelligence, understanding, and experience to express a preference. |
| Safety | Domestic violence, abuse, neglect, substance misuse, and other legitimate safety concerns can significantly affect the parenting arrangement. |
| Developmental Needs | The parenting schedule should account for the child’s age, developmental stage, educational needs, and individual circumstances. |
| Other Relevant Circumstances | The court can consider additional circumstances relevant to the particular child, parents, and proposed parenting plan. |
No single ordinary factor should be viewed in isolation. The court considers the evidence as a whole when determining what parenting arrangement serves the child’s best interests.
Common Mistakes Parents Make in Time-Sharing Disputes
Time-sharing disputes can become emotional very quickly. Parents can protect both their legal position and their child’s well-being by avoiding several common mistakes.
Assuming 50/50 Time-Sharing Is Automatic
Florida law establishes a rebuttable presumption that equal time-sharing is in a minor child’s best interests, but that does not guarantee an identical 50/50 schedule in every case. The child’s best interests and the statutory factors still matter.
Making the Case About What Is Fair to the Parent
A parent may believe that a particular schedule is fair or unfair. The court’s focus, however, is the child’s best interests rather than whether either parent receives the schedule that parent personally considers fair.
Ignoring the Practical Details
A proposed schedule should work with school, transportation, activities, employment, homework, bedtime, and the child’s established routines. A schedule that looks balanced on a calendar may still be difficult for the child to follow.
Interfering With the Child’s Relationship With the Other Parent
Unnecessary interference with communication, exchanges, or the child’s relationship with the other parent can become relevant to the court’s analysis.
Involving the Child in the Parents’ Dispute
Parents should avoid using children as messengers, asking them to report on the other household, discussing litigation strategy with them, or encouraging them to take sides.
Ignoring an Existing Parenting Plan
A parent should not simply replace a court-ordered time-sharing schedule with a preferred arrangement. When modification is necessary, the change should be addressed through the appropriate legal process.
How Is Time-Sharing Determined in Broward County?
Parents in Plantation, Fort Lauderdale, and throughout Broward County are subject to Florida’s statewide laws governing parental responsibility, parenting plans, and time-sharing.
Family-law matters in Broward County are handled through the Seventeenth Judicial Circuit of Florida. The same Florida best-interests standard and statutory time-sharing requirements apply, while local court procedures can affect how a particular case proceeds.
The Seventeenth Judicial Circuit also provides Family Court Services. Depending on the case and court orders, available services can assist the court and families with issues arising in parenting disputes.
Whether the parents live in Plantation, Fort Lauderdale, or another Broward County community, the practical details of the proposed schedule can matter. School location, commuting distance, transportation, work schedules, activities, and the distance between the parents’ homes can all affect whether a proposed parenting arrangement works for the child.
When Should a Parent Speak With a Florida Child Custody Lawyer?
Parents may be able to agree on a workable time-sharing schedule without litigating every parenting issue. Legal guidance can become particularly important when the parents disagree about the child’s best interests or the requirements of an existing parenting plan.
A parent may want to speak with a Florida child custody lawyer when:
- the parents cannot agree on a time-sharing schedule;
- one parent seeks equal time-sharing and the other objects;
- a parent believes equal time-sharing is not in the child’s best interests;
- distance between the parents makes the proposed schedule difficult;
- school or extracurricular activities are being disrupted;
- a child expresses a strong preference about the schedule;
- one parent repeatedly interferes with parenting time;
- domestic violence, abuse, substance misuse, or another safety concern exists;
- supervised time-sharing may be appropriate;
- unmarried parents need to establish parenting rights;
- a parent wants to modify an existing parenting plan; or
- an existing time-sharing order is not being followed.
Understanding the legal standard early can help parents focus on the evidence and practical issues that actually affect the child’s parenting arrangement.
Frequently Asked Questions About Florida Time-Sharing
Is Florida a 50/50 time-sharing state?
Florida law currently establishes a rebuttable presumption that equal time-sharing is in a minor child’s best interests. This does not mean every parenting case automatically results in an equal schedule. The presumption can be rebutted when the applicable legal standard is satisfied.
What does “rebuttable presumption” mean?
A rebuttable presumption establishes a legal starting point but allows evidence to establish a different result. In a Florida time-sharing case, a parent may seek to establish that equal time-sharing is not in the particular child’s best interests.
Does the mother automatically get more time-sharing in Florida?
No. A time-sharing determination is not supposed to be based simply on whether the parent is the mother or father. The court applies Florida law and evaluates the child’s best interests.
Does the father automatically get 50/50 time-sharing?
No. The equal time-sharing presumption does not guarantee either parent an automatic 50/50 schedule. When parents cannot agree, the court must consider the applicable law and the child’s circumstances.
Can parents agree to something other than 50/50 time-sharing?
Yes. Parents may agree on a parenting arrangement that meets their child’s needs rather than using an exact equal division of time. The agreement should be addressed through the appropriate legal process when a court case is involved.
What if one parent does not want 50/50 time-sharing?
When parents disagree, the court can determine the schedule. A parent seeking to rebut the equal time-sharing presumption must present evidence under the applicable legal standard showing why equal time-sharing is not in the child’s best interests.
Does the parent who has been the primary caregiver get more time?
Historical parenting responsibilities can be relevant, but they do not automatically determine the future schedule. The court considers prior parenting involvement together with the other circumstances relevant to the child’s best interests.
Does a parent’s work schedule prevent 50/50 time-sharing?
Not automatically. The important question is whether the proposed parenting arrangement is practical for the child. Work hours, school transportation, child care, overnight schedules, and consistency can be relevant depending on the circumstances.
How far apart can parents live and still have equal time-sharing?
Florida does not use a simple mileage rule to determine ordinary time-sharing schedules. Geographic viability is relevant, particularly for school-age children. Excessive travel can affect school, homework, sleep, activities, and the child’s daily routine.
Does a child’s preference affect time-sharing?
It can. Florida law allows consideration of a child’s reasonable preference when the child has sufficient intelligence, understanding, and experience to express one. The child’s preference remains one part of the broader best-interests analysis.
Can a judge order supervised time-sharing?
In appropriate circumstances, supervision or other safeguards may be considered when necessary to address legitimate concerns involving the child’s safety or welfare.
Does domestic violence affect equal time-sharing?
It can significantly affect a parenting case. Domestic violence and other safety concerns are relevant to the court’s analysis and may affect parental responsibility, time-sharing, exchanges, or other provisions of the parenting plan.
Can parents make their own parenting schedule?
Yes. Parents can often negotiate a schedule addressing regular parenting time, weekends, holidays, school breaks, summer vacations, transportation, and other practical matters affecting their child.
What happens if parents cannot agree?
The court can establish the parenting plan and time-sharing schedule. The judge considers Florida’s equal time-sharing presumption, the statutory best-interest factors, the evidence, and the circumstances of the particular child and family.
Is time-sharing the same as parental responsibility?
No. Time-sharing establishes when the child spends time with each parent. Parental responsibility concerns authority and responsibility for important decisions affecting the child. Both issues can be addressed within a Florida parenting plan.
Can time-sharing be changed later?
Potentially. Florida law permits modification when the legal requirements for changing an existing parenting plan or time-sharing schedule are satisfied. A parent should not simply disregard the existing order and begin following a different schedule.
Does 50/50 time-sharing mean nobody pays child support?
No. Equal time-sharing does not automatically eliminate child support. Child support is determined under separate Florida legal requirements, although the parenting arrangement can affect the calculation.
Key Takeaway
Florida time-sharing is determined according to the best interests of the child. Current Florida law establishes a rebuttable presumption that equal time-sharing is in a minor child’s best interests, but that does not mean every family automatically receives an identical 50/50 schedule.
When parents cannot agree, the court considers the statutory best-interest factors and the circumstances of the particular family. These can include parental cooperation, historical parenting responsibilities, stability and routine, school, geographic practicality, the child’s developmental needs and reasonable preference, domestic violence or abuse, safety concerns, and each parent’s ability to meet the child’s needs.
A successful parenting plan must do more than divide days on a calendar. It should create a practical schedule that works for the child’s school, activities, transportation, relationships, development, and everyday life.
How Greenberg Law Can Help With Florida Time-Sharing
Time-sharing disputes can involve much more than deciding which parent receives particular days of the week. Parents may disagree about equal time-sharing, school schedules, transportation, holidays, a child’s preference, safety concerns, or whether an existing parenting plan should be changed.
Greenberg Law can help parents understand how Florida’s time-sharing laws apply to their circumstances and what issues may need to be addressed in a parenting plan.
Depending on the circumstances, Greenberg Law can assist with matters involving:
- negotiating parenting plans and time-sharing schedules;
- disputes concerning equal or 50/50 time-sharing;
- issues involving the child’s best interests;
- parental responsibility;
- school schedules and educational concerns;
- geographic and transportation issues;
- a child’s reasonable preference;
- domestic violence, abuse, or other child-safety concerns;
- supervised time-sharing;
- enforcement of existing parenting orders;
- modification of parenting plans and time-sharing schedules;
- relocation disputes; and
- time-sharing involving unmarried parents.
The goal is to establish a legally sound parenting arrangement that addresses the child’s needs while also being practical enough for the parents to follow in everyday life.
Speak With a Broward County Child Custody Attorney
If you and the other parent cannot agree on time-sharing, you believe an equal schedule is not appropriate for your child, or an existing parenting plan is no longer workable, legal guidance can help you understand the options available under Florida law.
Time-sharing disputes can become particularly complicated when parents disagree about school, transportation, work schedules, a child’s preference, domestic violence, safety concerns, relocation, or whether an existing parenting arrangement should be modified.
Greenberg Law represents parents in Plantation, Fort Lauderdale, and throughout Broward County, Florida in matters involving parental responsibility, parenting plans, time-sharing, modification, enforcement, and other child custody disputes.
The appropriate time-sharing schedule depends on the circumstances of the individual family and, most importantly, the child’s best interests.
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400 N. Pine Island Rd, Suite 200
Plantation, FL 33324
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Office 954-749-0500
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