Time-Sharing and Parental Responsibility in Florida

Florida law does not use the words "custody" or "visitation." Under Florida Statutes § 61.13, parents share "parental responsibility" and the child's time is allocated through a "time-sharing schedule." Both are set out in a written parenting plan that is part of every final judgment involving minor children.

Parental Responsibility

Parental responsibility is the authority to make major decisions about the child -- education, non-emergency healthcare, religious upbringing, and similar long-term issues. The default in Florida is shared parental responsibility, which means both parents must confer and agree on major decisions. The court will only order sole parental responsibility -- giving one parent unilateral authority -- if shared parental responsibility would be detrimental to the child. Domestic violence is presumptive evidence of detriment.

The court can also order shared parental responsibility but give one parent ultimate decision-making authority on specific topics, such as education or healthcare, if shared decisions would result in chronic gridlock that harms the child.

The Equal Time-Sharing Presumption

Effective July 1, 2023, Florida Statutes § 61.13(2)(c)1 creates a rebuttable presumption that equal time-sharing -- meaning approximately 50/50 overnights -- is in the best interests of the child. The presumption can be rebutted by a preponderance of the evidence after consideration of the best-interest factors in Florida Statutes § 61.13(3).

The Best-Interest Factors

Florida Statutes § 61.13(3) lists 20 factors the court must consider in evaluating any proposed time-sharing arrangement. The most often-litigated factors include:

• The demonstrated capacity of each parent to facilitate and encourage a close and continuing relationship with the other parent
• The mental and physical health of each parent
• The home, school, and community record of the child
• The geographic viability of any proposed schedule, including travel time
• The moral fitness of the parents, as it affects the child
• The reasonable preference of the child, if of sufficient maturity
• The demonstrated knowledge of the child's friends, teachers, doctors, and daily routine
• The capacity to provide a consistent routine, including discipline and homework
• The capacity to communicate with the other parent and present a united front
• Any evidence of domestic violence, sexual violence, child abuse, or child neglect
• Any evidence of false statements made about child abuse or neglect
• Any pattern of conduct that demonstrates an unwillingness to act as a parent

No single factor is dispositive. The court weighs them together based on the actual evidence at trial.

Common Time-Sharing Schedules

• 2-2-3 schedule. Equal time-sharing on a one-week rotation: two days with Parent A, two days with Parent B, three days with Parent A, then flip. Works well for younger children.
• 2-2-5-5 schedule. Equal time-sharing with longer blocks: two days with Parent A, two with Parent B, five with Parent A, five with Parent B.
• Week-on/week-off. Equal time-sharing in seven-day blocks. Often used for school-age children.
• Every other weekend plus one midweek. A more traditional schedule that gives one parent roughly 30 to 35% of overnights, with the other parent as the primary residence.

The schedule must address holidays, school breaks, summer, birthdays, and transportation logistics. The parenting plan is enforceable by contempt, and a parent who consistently denies the other parent court-ordered time-sharing may be sanctioned, including with additional time-sharing for the parent who lost the time.

Modification

A final time-sharing order may be modified only on a showing of a substantial, material, and unanticipated change in circumstances, plus a showing that modification is in the child's best interests. This standard is intentionally high and prevents frequent relitigation. Parental relocation with the child is governed by its own statute and requires either consent or court approval.

Call 786-522-1411 to discuss your Florida time-sharing case.