Practice Area
Time Sharing Child Custody
Nothing in a divorce is more important, difficult or complex than issues regarding parental responsibility and time sharing. We help parents develop workable arrangements and plans that meet their children’s needs, and fit the families’ goals and objectives.
Florida’s Updated Terminology
Florida no longer uses terminology such as “custodial” or “secondary” parent, “visitation” or “primary residential parent.” What used to be discussed and treated as the concepts of “custody” and “visitation” are now referred to as parental responsibility and time-sharing.
Parental Responsibility
Shared Parental Responsibility
The preferred form of parental responsibility in Florida. Both parents must jointly agree on major decisions affecting the child — including schooling, medical care, and religion. In some cases, one parent may be granted ultimate decision-making authority in specific areas if the other is uncooperative or exercises poor judgment.
Shared with Ultimate Decision-Making Authority
Granted in situations where one parent is uncooperative, difficult, or exercises poor judgment concerning the child or children. One parent retains the ability to make final decisions in designated areas while the other parent remains involved.
Sole Parental Responsibility
The least preferred arrangement, granted only in extreme and extraordinary situations. This allows one parent to make all decisions without consulting the other. Courts reserve this designation for cases where shared responsibility would be detrimental to the child.
Time-Sharing
Time-sharing is the new terminology for what used to be “visitation” and involves who the child(ren) is with at a particular time. There are numerous factors in the statute as well as case law for the court to consider — all essentially controlled by what the court considers to be in the best interests of the child(ren). Although there is currently no judicially or statutorily sanctioned presumption for equal timesharing, there seems to be a trend in that direction by the courts. Here at Barbra Amron Weisberg, P.A., we are experienced with the judicial trends, the statutory requirements, and the relevant case law.
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