Timesharing

Florida Time-Sharing and Parenting Plan 

Florida law no longer uses the term “custody” when addressing parental rights involving children. Instead, Florida courts establish parenting plans and time-sharing schedules designed to serve the best interests of the child pursuant to Florida Statute §61.13.

Time-sharing disputes are often among the most emotional and heavily contested issues in family law cases because they directly impact the parent-child relationship, decision-making authority, and the structure of a child’s daily life.

At Coplan-Gardner & Gardner, P.A., we represent parents throughout Northeast Florida in complex parenting and time-sharing matters involving contested parenting plans, modifications, relocation disputes, enforcement proceedings, and emergency child-related issues.

How Florida Courts Determine Time-Sharing

Florida courts determine parenting plans and time-sharing based upon the best interests of the child.

Under current Florida law, there is now a rebuttable presumption that equal time-sharing is in the best interests of a child. However, equal time-sharing is not automatic in every case, and courts retain discretion to approve schedules based on the specific facts and circumstances presented.

When determining an appropriate parenting plan, courts evaluate numerous statutory factors, including:

• Each parent’s demonstrated capacity to encourage a close relationship between the child and the other parent
• The ability of each parent to place the child’s needs above their own
• Stability and continuity in the child’s life
• The mental and physical health of the parents
• Moral fitness of the parents
• Each parent’s involvement in the child’s education, healthcare, and daily activities
• Geographic considerations and travel demands
• Evidence of domestic violence, child abuse, neglect, substance abuse, or criminal conduct
• The reasonable preferences of the child when appropriate
• Each parent’s ability to provide a consistent routine and stable home environment

No two parenting cases are identical. Courts are required to evaluate the unique facts of each family rather than applying a one-size-fits-all approach.

Parenting Plans in Florida

Florida law requires parenting plans in cases involving minor children. Parenting plans govern how parents will share responsibilities and time with the child following separation or divorce.

A parenting plan typically addresses:

• Weekly time-sharing schedules
• Holidays and vacations
• School breaks
• Transportation and exchanges
• Communication between parents and children
• Educational decisions
• Medical decisions
• Extracurricular activities
• Methods for resolving future disputes

Well-drafted parenting plans are critically important because vague or poorly structured agreements often lead to future conflict and enforcement litigation.

Equal, Majority, and Supervised Time-Sharing

Although Florida law now recognizes a rebuttable presumption favoring equal time-sharing, courts may still approve different arrangements depending on the circumstances.

Depending on the facts of the case, parenting arrangements may involve:

• Equal time-sharing
• Majority time-sharing with one parent
• Supervised time-sharing
• Temporary restrictions or limitations

Supervised time-sharing may be ordered when there are concerns involving:

• Domestic violence
• Substance abuse
• Child neglect or abuse
• Mental health concerns
• Criminal activity
• Safety risks to the child

Even in cases involving restrictions, courts generally focus on maintaining the child’s relationship with both parents whenever safely possible.

Enforcement of Time-Sharing Orders

Once a parenting plan and time-sharing schedule are approved by the court, both parties are legally required to comply with the terms of the order.

When one parent refuses to comply with court-ordered time-sharing, enforcement proceedings may become necessary.

Depending on the circumstances, Florida courts may:

• Hold a party in contempt
• Award makeup time-sharing
• Order payment of attorney’s fees and costs
• Require parenting courses
• Modify the parenting plan in serious situations
• Impose additional remedies authorized by law

Time-sharing enforcement cases often require immediate and strategic legal action because ongoing violations can significantly affect both the child and the parent-child relationship.

Modification of Parenting Plans and Time-Sharing

Florida law permits modification of parenting plans and time-sharing arrangements when there has been a substantial, material, and unanticipated change in circumstances and the requested modification is in the child’s best interests.

Examples may include:

• Relocation
• Changes in the child’s needs
• Safety concerns
• Repeated violations of the parenting plan
• Significant changes in a parent’s work schedule or living arrangements
• Substance abuse or domestic violence issues

Modification proceedings are often highly fact-intensive and require substantial evidence demonstrating both the change in circumstances and the impact on the child.

Relocation and Time-Sharing

Relocation cases can significantly impact existing parenting plans and time-sharing schedules.

Under Florida law, relocation generally involves a parent moving more than 50 miles from their current residence for at least 60 consecutive days. Relocation may require either:

• A written agreement between the parents; or
• Court approval

When parents cannot agree, courts evaluate numerous statutory factors to determine whether relocation is in the child’s best interests, including the impact on the child’s relationship with both parents and the feasibility of maintaining meaningful contact.

Relocation litigation is often complex and highly contested because it can permanently alter family dynamics and parenting relationships.

Strategic Representation in Parenting Disputes

Parenting disputes require more than simply arguing for additional time-sharing. These cases often involve detailed factual analysis, school records, communication history, witness testimony, mental health concerns, and long-term planning for the child’s future.

At Coplan-Gardner & Gardner, P.A., we approach parenting and time-sharing cases with a focus on preparation, strategy, and practical solutions designed to protect both our clients’ parental rights and the best interests of their children.

If you are involved in a parenting dispute, modification case, relocation matter, or enforcement proceeding, experienced legal representation can make a substantial difference in the outcome of your case.

Contact Coplan-Gardner & Gardner, P.A. to discuss your case and learn more about your legal options regarding parenting plans and time-sharing under Florida law.