Having a court case involving child custody can be overwhelming and daunting for any parent involved in a family law case. The laws in Florida regarding child custody are complex and often misunderstood. This blog is intended to give an overview of child custody in Florida, including timesharing, parental responsibility, and tips to utilize in your family law case.
What is Child Custody in Florida?
Florida courts have moved away from using the term “child custody” and instead have replaced it with two main categories: 1) Timesharing and 2) Parental Responsibility.
Timesharing simply means the overnight schedule that each parent exercises with their child. Florida law requires family law judgments and orders to include a detailed parenting plan that specifically outlines the days and nights the child spends with each parent. This includes regular timesharing, holidays, and school breaks. The parenting plan also provides structure to the parents for exchange times, transportation, and communication.
Parental Responsibility is the division of decision-making authority of each parent as it relates to major decisions for the child. Major decisions include, but are not limited to, decisions involving the child’s education and health care. Florida courts prefer shared parental responsibility, which means both parents have equal major-decision making authority for the child. However, if one parent can prove to a court that shared parental responsibility is detrimental to the child, the court may award sole parental responsibility or give one parent ultimate decision-making authority for the child.
Best Interests of the Child
When the parties cannot agree on a timesharing schedule or parental responsibility for the child, the court will make a decision based on the best interests of the child. This is done by evaluating 20 factors outlined in the Florida Statutes that guide the judge in entering a parenting plan that is in the best interests of the child. Some of the factors include, but are not limited to, the following:
1) Co-Parenting Skills: Each parent’s ability to communicate and cooperate with the other parent in issues regarding the child. Courts want to see open and respectful communication between the parents.
2) Parental Capacity: Each parent’s capacity to provide a nurturing and loving environment. The Courts evaluate if either parent has substance abuse issues, has committed domestic violence, and can consider each parent’s physical and mental health status.
3) Parent Relationship with Child: Each parent’s level of involvement in the child’s life and whether each parent encourages a loving relationship with the other parent.
Presumption of Equal Timesharing
There was a major change to Florida custody law in 2023, and now there is a starting presumption that equal timesharing (50/50 timesharing schedule) is in the best interests of the child. However, if one parent can prove to the court that equal timesharing is not in the child’s best interests, then the court will enter a parenting plan to meet the needs of that family. The equal timesharing presumption can be overcome, but the parent needs to present evidence to the court to do so.
Tips for Parents Involved in a Child Custody Case
1) Be mindful of your communication with the other parent. When communicating with the other parent, ask yourself if you would want a judge to read your text message or email in open court. Always be reasonable and respectful in your communications with the other parent.
2) Keep detailed records. Save your communications with the other parent as they will often be relevant and helpful to your case. Create and maintain a calendar to keep track of the timesharing requests and dates that you have exercised your timesharing.
3) Prioritize your child’s needs. Your child’s well-being should be the main focus when navigating a child custody case. The best interests of your child should guide your decision-making when co-parenting with the other parent, even when the other party has done something to frustrate you. At the end of the day, do what is best for your child.
Seeking Legal Advice
If you are facing a family law issue involving child custody, hiring an experienced attorney can make a positive impact on your case. Contact us today to schedule a consultation to discuss your case at 904-638-4235.
