Under Florida law, decisions related to timesharing and parental responsibility are made by the courts based on the best interests of the child. This is clearly outlined by the Florida statutes provide the framework for determining timesharing as well as parental responsibility. Parental responsibility grants parents with the authority to make important choices regarding the child’s education, religion, medical care, etc. Timesharing determines where the amount of time and when the child will be with each parent.
Under Florida Statute 61.13 there is a presumption that equal timesharing is in the best interest of the minor child while parental responsibility can be shared or sole with Florida courts in most cases favoring shared parental, unless of course it is shown that shared parental responsibility would be detrimental to the minor child.
Parenting Plans
In Florida, parents have the opportunity on creating a parenting plan outside of court that details the “time-sharing” schedule and outlining how legal responsibilities and decisions will be managed between them. This time-sharing schedule specifies the time each parent will spend with the child during the week, weekends, and where the child will sleep each night. It also covers where the child will spend their school breaks, long weekends, and holidays.
If parents successfully negotiate a parenting plan, they can submit it to the court for approval, provided it adequately addresses both timesharing and parental responsibility.
Best Interests of the Child
When parents cannot agree on a parenting plan, the court will then establish a plan based on the best interests of the child. Determination of the best interests of the child must be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:
- The demonstrated capacity and disposition of each parent to facilitate and encourage a close relationship, to honor time-sharing and to be reasonable when changes are required
- The anticipated division of parental responsibilities
- The demonstrated capacity of each parent to act upon the needs of the child
- The duration the child has lived in a stable and satisfactory environment
- The geographical feasibility of each parent’s home
- The principled fitness of both parents
- The mental and physical health of both parents
- Each parent’s ability to provide a consistent and on-going routine
- Each parent’s ability to communicate effectively with the other parent
- Any evidence of domestic violence or abuse in the household
- Any substance/drug abuse issues involving either parent
