Are you facing a Custody matter? Unsure of where to start? Our Family Law Attorneys are here to help. At The Marks Law Firm, P.A., we prioritize the well-being of minor children involved in a Family Law case. It is our Mission: “To Honor God and Faithfully Represent our Clients with Great Leadership, Attitude, Excellence and Teamwork.” Keep reading to learn more about navigating Child Custody/Timesharing in Central Florida.
Q: What is “Timesharing?”
A: In Florida, the term “Timesharing” refers to the schedule that determines when a child(ren) spends time with each parent, more specifically, Timesharing refers to the number of overnights each parent is given with the minor child(ren). Rather than using the term “visitation,” Florida law generally refers to the division of parenting time as Timesharing. A Timesharing schedule is included in a Parenting Plan and may address regular weekdays and weekends, holidays, school breaks, vacations, transportation, and other aspects of the child(ren)’s schedule. When determining a Timesharing schedule, the Court’s primary consideration is the best interests of the minor child.
Q: Is 50/50 Custody automatically awarded?
A: Often, people may assume that 50/50 custody is an expected outcome. On television and in the media, we see many families follow this arrangement. However, 50/50 Timesharing is not automatically awarded in every Florida Child Custody case. While Florida law currently supports equal Timesharing as the presumptive starting point, a parent who seeks a different schedule has an opportunity to demonstrate that equal timesharing would not be in the child(ren)’s best interests. Courts consider numerous factors, including the child(ren)’s needs, each parent’s ability to provide a consistent routine, the parents’ ability to communicate, school and extracurricular activities, geographic considerations, and other circumstances affecting the child(ren). There are cases where 50/50 Timesharing would not be in the child(ren)’s best interest.
Q: How are Custody situations involving disabled children handled?
A: Child Custody and Timesharing arrangements involving a child or children with a disability may require additional consideration of the child(ren)’s individual needs. The Courts will consider the developmental stages and needs of the child(ren), as well as each parent’s demonstrated ability and willingness to meet those needs. Depending on the specific circumstances, a Parenting Plan may need to address medical appointments, therapies, educational services, medications, mobility aids/specialized equipment, transportation, communication with healthcare providers, and other aspects of the child(ren)’s care. A Family Law Attorney can help parents develop a Parenting Plan that takes the child(ren)’s unique needs into account.
Q: Does a Custody agreement impact Child Support Payments?
A: Yes. Timesharing can be one factor considered when determining Child Support but having an equal or nearly equal Timesharing schedule does not automatically eliminate a parent’s Child Support obligation. Child Support in Florida is generally calculated under statutory guidelines that consider factors such as the parents’ incomes, the number of children, health insurance and childcare expenses, and the Timesharing schedule. Florida law specifically provides that an order for equal Timesharing does not prevent the Court from ordering Child Support. Parents may want to consult a Central Florida Family Law attorney regarding how their particular Parenting Plan and financial circumstances may affect Child Support.
Q: Why is the Parenting Plan necessary?
A: Parenting Plans are an important part of Florida Child Custody and Timesharing cases. A Court-approved Parenting Plan establishes how parents will share responsibility for raising their child(ren) and provides a framework for making day-to-day decisions. A Parenting Plan generally addresses the Timesharing schedule, responsibility for healthcare and school-related matters, extracurricular activities, communication between parents and children, and locations for exchanges. The goal is to provide parents with clear expectations and help reduce uncertainty and potential conflict. Having a well-drafted Parenting Plan can be particularly helpful when parents have different schedules, live farther apart, or have disagreements about important decisions involving their child(ren).
Q: Can a Timesharing schedule be changed later?
A: Yes. A Timesharing schedule can potentially be modified when circumstances change. Under Florida law, Modification of a Parenting Plan or Timesharing schedule generally requires a substantial and material change in circumstances as well as determination that the requested modification is in the best interests of the child(ren). Examples include changes in a child(ren)’s needs, a parent’s circumstances, school arrangements, geographic location, or other significant developments may be relevant depending on the facts of the case. However, parents should not assume that an informal change to their schedule permanently modifies their Parenting Plan.
Q: When is “Parallel Parenting” appropriate?
A: Parallel Parenting may be considered in situations where parents want to keep the Marital Home as the primary residence for the minor children. During their respective Timesharing periods, the co-parents alternate who lives in the home. While the minor children remain in the space that they are used to, the co-parents are able to have separate living spaces from their former Spouse. This option allows for certain routines to continue uninterrupted, and a sense of normalcy to be maintained for minor children even after a Divorce or Legal Separation.
Q: Are children given a say on which parent they reside with?
A: A child’s preference may be considered in a Florida custody case when appropriate, but a child does not simply get to choose which parent they will live with. Florida law identifies the reasonable preference of the child(ren) as one factor a Court may consider if the Judge determines that the child(ren) has/have sufficient intelligence, understanding, and experience to express a preference. Other best-interest factors applicable to the family are considered as well. We encourage our Family Law Clients to refrain from placing children in the middle of a Custody dispute or asking them to choose between their parents. Keeping the children out of the details regarding the Divorce process alleviates any possible stress or anxiety for them.
Custody cases can be overwhelming and sensitive since many co-parents come to us wondering what their next steps should be. You don’t have to go through this experience alone.
If you have additional questions that were not addressed in this FAQ blog, give us a call at (407) 872-3161 to schedule a consultation with one of our experienced Central Florida Family Law Attorneys.