Understandably, child custody decisions are often emotionally challenging. They can also generate many questions. This Florida child custody FAQ is designed to answer some of the most common questions we receive in our family law practice. It covers everything from parenting plans to the role of guardians ad litem.
For more personalized answers, do not hesitate to contact the legal team at O’Mara Law Group today. Call (407) 326-0089 or contact us online to schedule your free consultation.
What Is Time Sharing Under Florida Custody Laws?
Florida courts refer to child custody as “time sharing,” highlighting a recent shift toward language emphasizing the importance of both parents’ involvement in their child’s life where possible. This emphasis in Florida child custody laws underscores the state’s commitment to shared parental responsibility, which influences decisions ranging from where children live to how each parent will be involved in decision-making about their child’s education and healthcare.
Time sharing in Florida provides an adaptable framework to meet children’s emotional and developmental needs. Recognizing that each family is unique, the courts encourage arrangements that support the ongoing involvement of both parents in a manner that works best for the child.
Are There Different Kinds of Time Sharing in Florida?
Florida child custody laws are designed to accommodate each family’s unique needs while prioritizing your child’s best interests. Through different time sharing models, the courts strive to create environments that nurture children’s development and foster a healthy relationship with both of their parents.
If you’re facing decisions about time sharing, establishing paternity, and other issues involving parental rights and responsibilities, our Orlando family lawyers can help. Below are three possible time sharing models in Florida.
Equal Time Sharing
This is the most balanced option and the one the courts usually prefer. It allows children to spend equal time with both parents, which could mean alternating weeks or establishing some other mutually agreeable schedule.
Majority Time Sharing
Sometimes, equal time sharing is impractical due to geographic distance and other logistics. In these cases, one parent’s home may become the primary residence for the child. This parent then handles day-to-day activities and the child’s schooling and healthcare needs, though both parents remain active decision-makers.
Supervised Time Sharing
When a child’s safety or welfare may be at risk, this arrangement requires parental visits to be supervised by another adult. This arrangement typically involves concerns about a parent’s ability to care for their child for reasons such as mental health issues or substance abuse.
How Is Child Custody Determined in Florida?
Again, Florida courts take a holistic approach to ensuring each child’s welfare, which is the primary concern during custody determination. Neither parent starts off with a greater right to custody than the other. Key factors considered by the courts include:
- Parental capacity – The ability of each parent to provide for the child's emotional, educational, social, and medical needs. This includes stability, parenting skills, the capacity to meet the child's needs, and how duties would be assigned to third parties.
- Parental relationship – The child's relationship with each parent is considered, including their ability to nurture and provide guidance.
- Child's wishes – Depending on your child's age and maturity, the court may also consider their preferences.
- Home environment – The presiding court will assess the safety, stability, and wholesomeness of each custodial parent’s home.
- Evidence of domestic violence or substance abuse – Any history of domestic violence or substance abuse can significantly impact custody decisions, potentially leading to supervised visitation and limited parenting rights.
Our firm has decades of experience handling child custody matters, and our attorneys understand how emotionally charged they can be. We strive to provide professional yet empathetic legal counsel to our clients, especially when it comes to matters involving the future well-being of their families. After all, we have families of our own. If you have questions about custody, our Orlando child custody lawyers can help.
What is a Parenting Plan?
In Florida, a parenting plan is required for all cases involving time sharing. These plans outline how parents will share the daily tasks of raising a child, time sharing schedules, and who is responsible for health care, education, and other important considerations. A comprehensive parenting plan should set clear guidelines and expectations to prevent future conflicts. It may also include guidance on how parents will communicate with their children and each other.
Custody modification is sometimes necessary if significant changes occur, such as relocation or employment changes. Florida courts require demonstrating a substantial change in circumstance to modify a parenting plan. If one party is not complying with custody orders and parenting plans, such as by refusing visitation, our family lawyers can help you seek enforcement via the courts.
What is a Guardian Ad Litem?
A guardian ad litem (GAL) is a neutral party appointed by courts to represent a child’s best interests during legal proceedings involving custody disputes or child welfare. This role can be crucial, especially in contentious custody battles or situations involving allegations of abuse or neglect. Some scenarios that could require a GAL include:
- High-conflict divorces where parental disputes overshadow the child's best interests.
- Cases involving allegations of parental neglect, abuse, or substance abuse.
- Situations where a child has special needs that require attention to detail and advocacy beyond what the parents can provide.
Additional Florida Child Custody FAQs
This section addresses other common questions about child custody in Florida. Though the answers aim to clarify recurring concerns, each situation is unique. Contact our Orlando child support lawyers for specific advice tailored to your family’s situation.
1. At What Age in Florida Can a Child Refuse Visitation?
There is no specific age at which a child can legally refuse visitation. Courts give more weight to a child’s preference as they get older, but the ultimate decision will be based on the child’s best interests. The evidence in each case will be evaluated to gauge the child’s ability to determine what may be best for their own well-being.
2. Do Grandparents Have Visitation and Custody Rights?
Grandparents in Florida do not automatically have visitation or custody rights. However, the court may grant certain rights if the parents are deceased, missing, in a persistent vegetative state, or pose a risk to the child’s health or welfare.
3. How Does Relocation Affect Custody?
The 50-Mile Rule applies if a parent plans to relocate 50 miles away or more for 60 days or more. It requires the relocating parent to obtain consent from the other parent or a court order modifying the parenting plan.
4. What Are the Chances of a Father Getting Full Custody?
Florida law does not favor either parent. Fathers have an equal chance of gaining full paternal custody if it aligns with the child’s best interests, considering factors such as parental involvement, stability, and capacity to meet the child’s needs.
5. How Does Custody Affect Child Support?
The amount of time a child spends with each parent can affect child support calculation. To ensure fairness, Florida courts account for the fact that the more time one parent spends with their child, the more likely they are to cover the costs of caring for the child.
6. Can a Child Choose Which Parent They Want to Live With?
Ultimately, children have no final say on which parent to live with. However, courts may consider a child’s preference if they are sufficiently mature. Their input typically carries more weight once they are around 12 years old. In all cases, courts prioritize the child’s best interests.
O'Mara Law Group Is Here to Answer Your Time Sharing Questions
Florida child custody and time sharing issues can be emotionally challenging and legally complex. At the O’Mara Law Group, we are committed to supporting you through every step of the legal process. If you have any questions or need personalized advice, call (407) 326-0089 or contact us online to schedule your free consultation with our knowledgeable and compassionate Orlando family law attorneys.
