When it comes to child custody matters, time sharing laws in Florida are designed to protect the best interests of the child while ensuring that both parents have the opportunity to maintain meaningful relationships with their children. Unlike many other states that still use terms like “custody” and “visitation,” Florida law uses the term “time sharing” to emphasize the role of both parents in a child’s life.

What is Time Sharing in Florida?

Time sharing in Florida refers to the schedule established for how much time a child spends with each parent after a separation or divorce. This schedule is one of the central components of a court-approved parenting plan, which is required in all cases involving time-sharing.

Under the time sharing laws in Florida, Florida Statute 61.13, the court is required to approve or establish a parenting plan that serves the best interests of the child. This plan must include detailed information about how the parents will share parental responsibilities and how time will be divided between the two households.

Key Elements of a Parenting Plan

According to the time sharing laws in Florida, a parenting plan must clearly outline the following:

  • Daily Responsibilities: How the parents will share the day-to-day responsibilities of raising the child.
  • Time-Sharing Schedule: A specific schedule outlining when the child will spend time with each parent, including weekdays, weekends,
    holidays, and school breaks.
  • Health Care Decisions: Which parent will make decisions regarding the child’s medical and dental care.
  • Educational Matters: Who will make decisions about school enrollment, extracurricular activities, and academic support.
  • Communication Guidelines: Provisions for how the parents will communicate with one another and with the child during the other parent’s time.

No Presumption in Favor of Either Parent

Time sharing laws in Florida do not presume that either the mother or the father is automatically entitled to more time with a child. The courts are guided strictly by what is in the best interest of the child, not by outdated gender roles or stereotypes. In fact, the time sharing laws in Florida specifically prohibit favoring one parent over another when creating or modifying a parenting plan.

However, if the court finds that one parent is unfit, or that shared parental responsibility is not in the child’s best interest, it may award sole parental responsibility to the other parent. In such cases, the court can also limit or deny time-sharing rights to the non-custodial parent, depending on the circumstances.

Factors the Court Considers

In determining what arrangement is in the child’s best interest, Florida courts consider a wide range of factors, including but not limited to:

    • Each parent’s ability and willingness to facilitate a close and ongoing relationship with the child.
    • The moral fitness, mental and physical health of each parent.
    • The child’s home, school, and community history.
    • Each parent’s ability to provide a stable and nurturing environment.
    • Any evidence of domestic violence, substance abuse, or neglect.
    • Each parent’s willingness to respect the time sharing schedule and be flexible when reasonable changes are needed.

Practical Example:

Let’s say two parents are divorcing in Jacksonville and both want equal time with their 8-year-old daughter. One parent works a typical 9–5 job, while the other has a rotating shift schedule. The court might approve a 2-2-3 time sharing schedule to accommodate the needs of both the child and the parents.

In a 2-2-3 time sharing scenario, the child would spend 2 days with one parent, then 2 days with the other parent and then return to the other parent for a 3 day weekend. Then in the following week, the schedule is reversed, resulting in a 50/50 split in parenting time.

If, however, one parent is frequently late for pickups, misses scheduled time, or speaks poorly about the other parent in front of the child, this could impact the final time-sharing arrangement.

Why Legal Guidance Matters

Navigating time sharing laws in Florida can be overwhelming, especially when emotions are running high. At McGRATH GIBSON LAW, our experienced Jacksonville family law attorneys are here to guide you through every step of the process. Whether you’re establishing a new parenting plan, modifying an existing agreement, or facing enforcement issues, we’re committed to protecting your parental rights and the well-being of your children.

We understand that every family is unique. That’s why we take the time to understand your situation, provide personalized legal advice, and advocate for the best possible outcome for you and your children.

Schedule a Consultation Today

Don’t navigate Florida’s complex time-sharing laws alone. Speak with one of our experienced family law attorneys by calling (904) 358-3300. Let us help you create a time sharing plan that works for your family and protects your child’s future.