Custody & Timesharing with child(ren)

When you begin process of a divorce, or the process of a paternity action, and have minor children, if you and the other parent are unable to agree to a custody and timesharing schedule with your children, the Court will then be required to make that determination. A Parenting Plan is a legal document that establishes the custody and timesharing schedule/agreement between you and the other parent as it relates to your child(ren). It outlines how you and the other parent will continue to provide and care for your child after separation. Delineated within the parenting plan is a time-sharing schedule which determines how often and pursuant to what schedule your child spends time with each parent. The schedule can either be agreed on by both parents or decided by a judge after an evidentiary hearing.

A Parenting Plan must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of their child. It shall include a specific time-sharing schedule arrangement that specify the time that the minor child will spend with each parent. Furthermore, it shall designate which parent shall be responsible for any and all forms of health care. The parenting plan shall provide for school-related matters, including the address to be used for school-boundary determination and registration. Finally, the parenting plan shall describe in adequate detail the methods and technologies that the parents will use to communicate with the child.

Effective July 1, 2023, Governor Ron DeSantis signed into law House Bill 1301 which provided for revisions to the Timesharing statute. Florida law encourages children to have continuing contact with both parents after a separation or divorce and encourages both parents to co-parent amicably to share in the responsibilities, joys, and decisions of childrearing. Florida courts are not for or against the mother or father or any time-sharing schedule created.

Based on the revisions to the statute, unless otherwise provided for in the statute or agreed to by the parties, there is now a rebuttable presumption that equal timesharing of a minor child is in the best interest of the minor child. Equal timesharing is 50/50 custody of a child. A “rebuttable presumption” is an assumption made by the Court that is taken to be true unless someone proves otherwise. Therefore, the court will begin with the premise that the timesharing of a child or children shall be equal between the parties. If you wish to rebut tis presumption, a party must prove by a preponderance of the evidence that equal timesharing is not in the best interests of the minor child. A preponderance of the evidence is a type of evidentiary standard where you must show the greater weight of the evidence is in your favor and that your claim is more likely to be true than not – that your claim is more credible and convincing.

Except when a timesharing schedule is agreed to by the parties and approved by the court, the court must evaluate factors and make specific findings of fact when creating or modifying a timesharing schedule and determine what is in the best interest of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
• The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
• The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
• The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
• The moral fitness of the parents.
• The mental and physical health of the parents.
• The home, school, and community record of the child.
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
• The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
• The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
• The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
• Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
• The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
• The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
• The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
• The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
• The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
• Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.