Florida Timesharing (“Custody”) Laws: Your Common Questions Answered
Whether you’re mulling over primary timesharing, 50/50 timesharing, or any and everything in between, you shouldn’t have to go it alone.
Separation can take a physical, mental, and emotional toll on the family unit – both in mind and body. And while you may be experiencing the waves of emotion and turmoil that can often accompany a divorce, navigating this transition with as little impact as possible on your children is one thing you do have control of.
What will the judge use to determine custody?
There are an array of factors that contribute to the determination of whether or not a guardian or parent is fit for custody. Everything from their communication style to their willingness to participate will be considered by the court throughout this process.
A measurement of “moral fitness”
A judge may determine a person’s moral fitness by their history with the justice system, how recently any convictions happened, a poor driving record, and more. If a person has a history of substance abuse or prior allegations of child endangerment or neglect, the judge will take these things into consideration as they work with the jury.
Parent’s ability to connect and communicate effectively
Regardless of the circumstance with your soon-to-be ex-partner, you are expected to engage amicably and communicate nonviolently, that is, without being reactive in stressful situations. When you’re in the middle of a custody battle, all eyes are on you. Extra support from your legal counsel can be essential during this time, but also as an extra layer of support. In these types of situations, there’s no such thing as a support system that’s too big.
Cooperation, not just compliance
You don’t need to be perfect – no parent is. But, intentionality and mindfulness will go a long way and reflect the type of parent that you really are to the people who are going to determine an outcome: the courts.
There’s a very thin line between cooperation and compliance. And while compliance is great, it’s also the bare minimum required. If you were fighting for custody of your child, now is the time to go above and beyond. It might feel impossible to do that on your own, and that’s probably because it is. Not having legal support during a fight for child custody makes life a lot harder than it needs to be.
Shared custody vs. other types of custody
No two families are exactly the same. Some people have nontraditional caregivers who live somewhere else half the year. Some families rotate on a monthly schedule, quarterly schedule, or even some kind of combination of the aforementioned. These circumstances determine the type of arrangement that will best serve the family.
Sole physical custody and joint physical custody
Sole physical custody of a child means that one parent is designated as the primary residence for the child involved. Visitation rights for the other parent are determined by the court and sole physical custody can also be paired with sole or joint legal custody.
Joint physical custody on the other hand means that both parents split equal custody of their children and make decisions about the child in an equitable manner.
Sole legal custody
Sometimes referred to as sole, parental responsibility, sole legal custody occurs when a parent has the full responsibility of making decisions for the child in the state of Florida. The term sole custody has not been used for quite some years. You may often hear this referred to as sole parental responsibility or primary timesharing.
Joint legal custody
Joint legal custody, now referred to 50/50 timesharing, gives both parents the opportunity to have a say in their child’s overall well-being. Of course, this does not mean that it must occur in families with shared physical custody. All legal custody does require, however, that parents work together to create a harmonious environment for their children’s lives, even when they disagree.
Sharing the workload to stay in favor of the courts
It really does take a village. And even though there’s plenty of data that tells us that, we collectively decide to take things on by ourselves as if we have something to prove.
When it comes to separation and helping your child through it, leaning on your support team is the only way through.
Working out scheduling issues for academics and activities
The court system will determine exactly what your life with your child will look like once a verdict has been approved. This means that working out the kinks in daily scheduling, academics, or extracurricular activities is essential to getting it right.
Getting it right does it mean being a perfect parent, it means you can help smooth out the rough parts. With a legal team by your side who has experience with divorce cases, you’ll have access to limitless resources and best practices that they’ve seen work well with other families.
Plans for how parents decide to communicate with each other regarding a child's needs
Communication is an integral part of making custody in all of its forms work. Working out a plan, and how you intend to communicate with one another be it by phone, text, in person, or otherwise is going to set you up for long-term success. Sometimes, mediation is a crucial part of this process. And sometimes it requires legal support.
Designation of who helps with what
Determining who is responsible for what, at what time, can make your child’s life and subsequently your life much easier to manage. Whether you determine this during mediation or on your own terms in your own time, the courts will want to see that you determined a plan of action for the day-to-day living experiences, but also in an emergency situation. This means having all emergency contact information updated to reflect both parents if needed.
Let Busciglio, Sheridan & Schoeb walk alongside you
We know it’s hard, and we’re proud to have a firm that represents people from all walks of life to connect with our clients. If you’re ready to get started, give us a call or stop by our office! Busciglio, Sheridan & Schoeb specializes in family law, collaborative divorce, and more.