Child Custody Attorney in Orlando, FL

In Florida, we don’t say “custody”—it’s all about “timesharing.” This means deciding how each parent will spend time with their kids through a parenting plan. The parenting plan outlines each parent’s rights and sets a schedule. You can work it out together or have the court decide. It’s important to really think this plan through because it sets the routine with your kids.

Presumption of 50/50 Timesharing in Florida

Florida’s approach to timesharing and parenting plans saw a significant update in 2023, shifting towards a more balanced view that promotes the equal involvement of both parents in their children’s lives. The new law, which took effect on July 1, 2023, introduces a presumption in favor of 50/50 timesharing, suggesting that equal time spent with each parent is generally in the best interests of the child unless there is a good reason not to​​​​​​.

This shift means that courts now start with the assumption that sharing time equally between parents is beneficial for the children. However, this presumption can be challenged in court. A parent who believes an equal split wouldn’t serve their child’s best interests must provide convincing evidence to support their view. This new standard encourages parents to focus on creating a parenting plan that genuinely reflects the needs and welfare of their children, taking into account factors like the children’s routines, relationships with each parent, and overall stability​​.

Parenting Plan: An All-Inclusive Approach

Section 61.13(2)(b) provides:

“A parenting plan approved by the court must, at a minimum:

1. Describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child;

2. Include the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent;

3. Designate who will be responsible for:

Any and all forms of health care. If the court orders shared parental responsibility over health care decisions, either parent may consent to mental health treatment for the child unless stated otherwise in the parenting plan.
School-related matters, including the address to be used for school-boundary determination and registration.
Other activities; and
4. Describe in adequate detail the methods and technologies that the parents will use to communicate with the child.”

When drafting your parenting plan, you’ll want not only to lay out daily duties and transitions, but also get into the details of finances beyond child support. This includes splitting the costs for extracurricular activities and medical expenses, proportionate to each parent’s income.

Plus, remember to discuss holiday timesharing—think of summer breaks, winter vacations, spring breaks, and Thanksgiving. But don’t forget to include any unique holidays special to your family. If they’re not in the plan, the regular schedule is prioritized. Keeping it clear and fair means focusing on what’s best for the kids, making every transition and decision smoother for everyone involved.

Updating Your Parenting Plan in Florida

The revised timesharing law in Florida also simplifies the process for modifying parenting plans and timesharing schedules. Previously, to make a change, one had to demonstrate a “substantial, material, and unanticipated change in circumstances.” Now, the requirement that the change be “unanticipated” has been removed, making it somewhat easier for parents to request adjustments to reflect new developments in their lives or their children’s needs​​.

Moreover, if a parent moves within 50 miles of the other parent, this relocation can now be considered a significant change, potentially warranting a revision of the timesharing arrangement, provided it’s in the child’s best interest. This change aims to facilitate more flexibility and adaptability in parenting plans, accommodating the dynamic nature of family life and the evolving needs of children as they grow​​​​.

Conclusion

The updates to Florida’s timesharing laws mark a progressive step towards recognizing the importance of both parents playing active, meaningful roles in their children’s lives. By establishing a baseline of equal timesharing while allowing room for adjustments based on the child’s welfare, the law supports more balanced, fair, and adaptable parenting arrangements​​.

However, for a deeper understanding of Florida’s latest timesharing laws and their effects on your case, it is recommended to consult a family law attorney.

Need guidance on your child custody timesharing case in Florida? Call DeWitt Law Firm today!