If you are going through a divorce or separation in Florida, you likely have questions about how custody works. There have recently been changes to time-sharing laws that you should be aware of.
Recognizing the custody changes
Back in 2023, the governor of Florida signed House Bill 1301 into law. This created a presumption that equal time-sharing is in the best interests of a child. Before this, the courts did not favor any specific schedule, which gave judges wide discretion over how to divide parenting time.
Defining equal time-sharing
Equal time-sharing means the court starts with the idea that a minor should spend roughly the same amount of time with each parent. This does not always mean an exact 50/50 split of overnights, since courts still have room to shape a schedule that fits each family.
Common setups include alternating weeks, a 2-2-3 rotation or a 5-2-2-5 plan. The details depend on each parent’s work hours, the minor’s school location and the family’s day-to-day needs.
Weighing the best interests factors
Florida law outlines about 20 factors that courts must weigh when setting or changing a time-sharing schedule. Some include:
- Each parent’s willingness to support a close bond between the child and the other parent
- The child’s needs at their current stage of development and the stability of the home
- Each parent’s ability to keep a consistent daily routine
- Any history of domestic violence or substance abuse
- The mental and physical health of each parent
Gathering tangible evidence, such as communication logs, school attendance records and medical documents, will clearly demonstrate how your proposed plan supports your child’s well-being.
Preparing a required parenting plan
Florida law requires a parenting plan in every divorce or paternity case that involves minors. This document spells out how parents will share time with and make decisions for their kid.
The plan must cover the schedule for regular days, holidays and school breaks. It also addresses how parents will handle major choices about healthcare, schooling and activities.
You and the other parent can submit an agreed plan for the court to approve. If you are not able to reach an agreement, the court will create a plan based on the factors used to evaluate a child’s welfare and the family’s overall circumstances.
Navigating local court practices
While Florida’s time-sharing law applies across the state, each judicial circuit may have its own local rules and customs. In Volusia County, for example, the Seventh Judicial Circuit hears family law cases and may ask parents to try mediation before a judge rules on contested custody issues.
Considering legal guidance
When you face complex issues like parental relocation or safety concerns, strict procedural rules can complicate your case. Retaining legal counsel can offer an objective perspective and may help you formulate a strategy tailored to your family’s unique needs.