Tuesday, January 30, 2024

How does time-sharing work in Florida?

According to Florida law, time-sharing works based on a system where parenting is broken down into two distinct components: parental responsibility (decision-making) and time-sharing (physical visitation with the child based on a parenting plan):

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

 (c) The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, except that modification of a parenting plan and time-sharing schedule requires a showing of a substantial, material, and unanticipated change of circumstances.

See: Florida Statute 61.13 and this analysis by the Florida House of Representatives Staff about Parenting and Time-sharing of Minor Children.

Please note, shared parental responsibility assumes that the parties can come to an agreement on the care of their children. If they cannot, the Judge can decide that their inability to do so is a substantial change in circumstance, requiring modification of the final judgment:

Shared parental responsibility assumes that the parties can come to agreement on the welfare of their children. Where the parties cannot and will not come to agreement, the trial court can determine that such an impasse constitutes a substantial change in circumstance, requiring modification of the final judgment in the best interest of the children. Because competent substantial evidence supports the trial court's determinations in this case, we affirm the final judgment of modification.

See: Watt v. Watt, 966 So. 2d 455

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