Child Time-Sharing

When parents separate or divorce, decisions involving their children are often the most important and emotionally difficult issues they face.

Florida law generally uses the terms parental responsibility, parenting plan, and time-sharing rather than traditional terms such as "custody" and "visitation."

A parenting plan establishes how parents will share responsibility for their children and sets forth the schedule describing when the children will spend time with each parent.

At Barbra Amron Weisberg, P.A., we represent parents in Boca Raton and throughout Palm Beach, Broward and Miami-Dade Counties in matters involving parenting plans, time-sharing, parental responsibility, relocation, modification and other contested parenting issues.

With more than 30 years of family law experience, Barbra works closely with clients to develop practical strategies focused on protecting their relationship with their children and addressing the children's best interests.

The Best Interests of the Child

The court's primary consideration in establishing parental responsibility and time-sharing is the best interests of the child.

Florida law identifies numerous factors for the court to consider. These can include circumstances involving:

• Each parent's ability to encourage and support a continuing parent-child relationship
• The anticipated division of parental responsibilities after the case
• Each parent's ability to consider the child's needs rather than primarily his or her own interests
• The geographic practicality of the proposed parenting plan
• The length of time the child has lived in a stable and satisfactory environment
• The moral fitness of the parents
• The mental and physical health of the parents
• The child's home, school and community record
• The reasonable preference of the child when the court determines the child has sufficient intelligence, understanding and experience
• Each parent's knowledge of the child's circumstances
• Each parent's ability to provide a consistent routine
• Each parent's involvement in the child's school and activities
• Communication between the parents
• Evidence of domestic violence, abuse, neglect or abandonment
• Each parent's ability to maintain an environment free from substance abuse
• Other circumstances affecting the welfare and best interests of the child

No single factor necessarily determines the outcome. The court considers the overall circumstances of the family.

Parental Responsibility

Parental responsibility refers primarily to decision-making concerning a child.

Florida courts generally order shared parental responsibility unless the court determines that shared parental responsibility would be detrimental to the child.

Shared parental responsibility generally means that both parents retain full parental rights and responsibilities and consult with one another regarding major decisions affecting their child.

In appropriate circumstances, the court may give one parent ultimate responsibility over particular areas of the child's welfare or may allocate specific decision-making responsibilities between the parents.

Florida law also permits sole parental responsibility when that arrangement is in the child's best interests.

Domestic Violence, Abuse and Safety Concerns

The presumption favoring equal time-sharing does not override legitimate concerns regarding a child's safety or well-being.

Florida law specifically requires courts to consider evidence involving domestic violence, child abuse, abandonment and neglect when determining parental responsibility and time-sharing.

Certain circumstances can also create legal presumptions against shared parental responsibility or time-sharing.

When safety concerns exist, the appropriate parenting arrangement may require additional protections, restrictions, supervised exchanges or other measures authorized by law.

These matters are highly fact-specific and should be addressed promptly and carefully.

Modification of a Parenting Plan or Time-Sharing Schedule

Family circumstances can change after a parenting plan is entered.

Florida law permits modification of a parenting plan or time-sharing schedule when the applicable legal requirements are satisfied.

A modification generally requires a substantial and material change in circumstances and a determination that the requested change is in the child's best interests.

Potential circumstances may involve:

• Changes in a parent's work schedule
• Significant changes affecting the child's needs
• Relocation
• Repeated problems complying with the existing parenting plan
• Safety concerns
• Other substantial changes affecting the family

A parent should not simply stop following an existing court-ordered parenting plan because circumstances have changed. Until an agreement or court order modifies the plan, the existing order generally remains important and enforceable.

Learn more about modification of parenting plans and support obligations.

Relocation With a Child

A parent's desire to move can create significant time-sharing issues.

Florida has specific laws governing certain relocations with a child when the move will significantly affect the geographic relationship between the child and the other parent.

Depending upon the circumstances, relocation may require the other parent's agreement or court approval.

Because relocation cases can substantially affect an existing parenting schedule and the child's relationship with both parents, early legal advice can be particularly important.

Strategic Representation in Parenting and Time-Sharing Matters

Parenting disputes require a different type of strategy from purely financial issues.

The objective should be to protect the child's well-being, preserve important parent-child relationships and develop a workable parenting arrangement while avoiding unnecessary conflict whenever possible.

When agreement is possible, Barbra works toward practical parenting solutions. When significant parenting issues cannot be resolved, she prepares clients carefully for mediation, hearings or trial.

Barbra Amron Weisberg has more than 30 years of experience representing clients in divorce and family law matters, including contested parenting and time-sharing disputes.

From her Boca Raton office, Barbra represents clients throughout Palm Beach, Broward and Miami-Dade Counties.