A Child Custody (Timesharing) dispute can feel overwhelming, especially if you are preparing for your first Custody Hearing. In Central Florida, Timesharing matters are handled by Family Courts and focus primarily on protecting the best interests of the minor children. Understanding what to expect can help you feel more prepared and confident.
For those who may not know, Florida law no longer uses the traditional term “Custody.” Instead, Courts refer to Parental Responsibility and Timesharing. Parental Responsibility determines how parents make major decisions about their children’s education, healthcare, and general well-being. Timesharing refers to the schedule outlining when the children spend time with each parent, specifically the number of overnight visits. Changes were made to Statute 61.13 (2) (C) in July 2023 regarding a rebuttable presumption concerning equal Timesharing. To learn more about this amendment, CLICK HERE.
During a Custody Hearing in Central Florida, a Judge will review evidence and testimony to determine a parenting arrangement that serves the children’s best interests.
The Purpose of a Custody Hearing
A Custody Hearing allows both parents to present their arguments and supporting evidence. This may occur during a Divorce case or as part of a separate Paternity or Parenting Plan proceeding.
The Judge may evaluate several factors, including:
- Each parent’s ability to provide a stable environment
- The minor child’s relationship with each parent
- Each parent’s willingness to support the child’s relationship with the other parent
- The child’s school, home, and community history
- Any evidence of domestic violence, substance abuse, or neglect
Specific factors the Court has to take into consideration in every Custody case are outlined in Statute 61.13 (2) (C) 2. a.-t. CLICK HERE to read through these factors in detail.
Florida Courts typically prefer arrangements that allow both parents to remain actively involved in the children’s life whenever possible. As long as the children’s safety isn’t at risk.
What Happens During the Hearing
A Custody Hearing generally follows a structured format. While every case is unique, most Hearings include several key stages such as the following:
Opening statements: Each Family Law Attorney may briefly explain their Client’s position and ideal resolution.
Presentation of evidence: Both sides present documents, records, and other evidence supporting their proposed Parenting Plan. This may include school records, medical documents, text messages, or testimony from witnesses.
Witness testimony: Parents, family members, teachers, counselors, or other relevant individuals may testify about the children’s needs and the parents’ involvement in their life.
Cross-examination: Family Law Attorneys may question witnesses presented by the opposing side to clarify statements or challenge credibility.
Judicial review: The Judge evaluates all information presented and determines a Timesharing arrangement consistent with Florida’s best interest standard.
In some situations, the Judge may issue a decision immediately. However, the Court may take time to review the evidence before issuing a written order.
Preparation plays a critical role in a Child Custody case. A Family Law Attorney may encourage his or her Client to arrive with organized documentation, clear communication, and a willingness to demonstrate their commitment to their children’s well-being.
Examples of preparation steps may include:
- Gathering relevant records and communication history
- Following all temporary parenting orders
- Demonstrating consistent involvement in the minor children’s lives.
- Avoiding negative behavior toward the other parent
Working with an experienced Central Florida Family Law Attorney means you don’t have to navigate this process alone. Custody Hearings can significantly impact your relationship with your child. Understanding the process and preparing thoroughly can make a meaningful difference.
At The Marks Law Firm, P.A., our Legal Team is committed to prioritizing your child’s best interests. Give us a call if you need representation for your Family Law matter.