If child custody (or officially, time-sharing) is on the table for your divorce case, you may have been wondering: How do courts decide on rights and obligations? In Florida, courts focus entirely on the best interests of the child, whether it be parental responsibility (decision-making rights) or time-sharing.
No, equal or 50/50 time-sharing is not a guarantee. But Florida courts generally view 50/50 as ideal. Based on multiple factors, the state may decide on a different arrangement based on the child’s best interests. They are not exceptions to the rule. Rather, equal parental care is an initial presumption.
What are some factors that may influence the court’s decision?
Parenting plan
Florida courts legally require parents to have a parenting plan for time-sharing purposes. Parenting plans are legal documents detailing how you and your co-parent will spend time with your child, communicate with each other, make major decisions and share responsibilities.
If both parents can agree on a parenting plan, the family court will review it. The state will generally approve a plan as long as they deem it fit for the child’s best interests, even if time-sharing isn’t necessarily 50/50.
Child’s preferences
Another factor that may impact custody determination is your child’s preferences. In Florida Statute § 61.13, courts may consider the “reasonable preference of the child” as long as they are mature enough to express their opinion.
While the law does not set a minimum age for the child to legally dictate time-sharing, courts judge based on experience, intelligence and understanding. A child’s wishes are a part of the factors that determine their best interest. If permitted, family courts may handle communications with a child old and mature enough through in-camera interview or a guardian ad litem (usually a neutral professional, appointed by the court).
Parental involvement
During the case, the court will review you and your co-parent’s willingness and capacity to meet your child’s needs, including your involvement in school and extracurricular activities. Some important questions to ask yourself are:
- Did you actively meet with your child’s teachers or participate in school events?
- Have you helped in accomplishing homework and other responsibilities?
- Is it your responsibility to take your child to the doctor?
These are all questions that Florida family courts may ask when deliberating a safe time-sharing plan for your child. The more involved you are, the more consistent you are in providing a reliable routine, the bigger your chances are of achieving a better plan for you and your child.
The necessary takeaway
Remember, 50/50 time-sharing is not a guideline, but a presumption. Custody of your child depends on the state reviewing your specific case. Gathering information on your child’s living situation as well as navigating family law in Florida with a trusted legal professional can strengthen your case.
