Child Custody and Time-Sharing in Florida

If you recently went through a divorce, the idea of child custody may be daunting. It is

a complicated bit of law and deals with some difficult subjects for every family. You

should, of course, retain the help of a lawyer, but if you want to get a little information

for yourself, here is what you should know.

 

Time-sharingThe first thing to know about child custody in Florida is that there is no such thing. It

is called time-sharing, meaning neither you nor the other parent will have custody of

your children. You will, instead, share your child’s time as the court decides is best.

The way their time is divided will depend on the court’s decision on your parenting

plan.

 

Parenting PlanThe parenting plan for your child can be mutually agreed upon or it can be decided

upon by the court. Because custody is not a concept that’s applied in Florida, you are

granted more flexibility in how your child’s time is allocated. If you are agreeing upon

your plan without the help of a judge, it is important to get the help of a lawyer. An

amicable divorce is a great start, but creating a parenting plan that covers all the

details is a task best handled by an expert.

 

If you leave it up to a judge to decide they will look at your case holistically and make a

decision they believe is in the best interest of your child. The things they may consider

includes, but is not limited to:

your involvement in your child’s life; including education, sports, medical care, etc.

your commitment to cultivating an amicable relationship with the other parent

the appropriateness of your home for children; sleeping arrangements, child-

proofing, age-appropriate toys

proven ability to deliver on temporary parenting plans or previous parenting plans,

if any history of childcare

 

VisitationBecause Florida law does not include the concept of custody, there is also no such

thing as visitation. The parenting plan may outline something similar to visitation, but

in the past, special kinds of visitation such as supervised visitation have only been

included in extreme cases.

 

Child SupportChild support is calculated by a number of factors including income, health insurance,

childcare costs. This is done with the Florida Child Support Calculator. Though it

cannot guarantee an accurate result, this calculator should give you some idea of what

kind of payments you will be making. The amount of child support you pay will of

course depend on what percentage of the time-sharing is yours.

 

Temporary OrdersWhile your divorce is being finalized and the parenting plan is being decided upon,

there will be temporary orders put in place. It is especially important to follow these

guidelines carefully if you believe your child custody case will go to court. If you prove

your ability to follow these temporary rules, the courts will likely look favorably.

 

ModificationOnce a parenting plan has been established, it becomes significantly more difficult to

change the way your child’s care is handled. This is why it’s important to get a

lawyer’s help; they will work to ensure your parenting plan is right for your situation.

If you do need to make a modification, you will need to prove that there is a reason the

change is necessary. You will be asked to prove that the child’s situation is

significantly different than when the parenting plan was established.