Understanding Custody and Timesharing in Florida

If you're getting divorced and have minor children, you've probably spent a lot of time looking for “custody lawyers near me” online. It's difficult enough to deal with a divorce without worrying about your children's well-being. Even if you believe you and your co-parent are on the same page, it's critical to have an experienced lawyer on your side who you can trust to advocate for your and your child's best interests. Continue reading as one of The Family Matters Law Firm's custody attorneys explains how to work with your co-parent to share your children and protect their best interests.

We Help Families Find Peace of Mind: Work with a Custody Lawyer You Can Trust

At The Family Matters Law Firm in Miami, Florida, we help unhappy families find peace of mind. We know your children are the most important part of your life, and we'll help you navigate the uncertainty and stress of your divorce and ensuing custody negotiations. Our legal team strives to resolve child custody cases as efficiently as possible, whether involving a simple mediation or time in the courtroom. We can also refer you or your children to alternative services, such as a therapist or mental health professionals. Call us at (305) 701-2901 in Miami, Florida today to schedule your strategy session and take the first step towards a fresh start.

What Is the Law Regarding Custody and Timesharing in Florida?

Although we’ve been using the word “custody,” the Florida courts no longer recognize that term and use the phrase “timesharing” instead. Under Florida law, co-parents must complete a mediation session in the hope of avoiding an expensive trial in court. The only exception is in cases with a history of domestic abuse. The primary issues in your mediation session will be parental responsibility and timesharing.

Parental Responsibility: This aspect of your mediation determines who will act as the primary decision maker for the child regarding crucial issues in their life, like where they will go to school or receive medical care. Other decisions include their social activities, extracurriculars, and religious pursuits.

Timesharing: How much time will each parent spend with the child? Where will the child’s primary residence be? The outcome of the timesharing arrangement also directly impacts child support. In most cases, the parent who spends less time with the child pays the primary caregiver financial support. Another critical factor of timesharing mediation is determining what's in the child's best interest. In cases with older children, their wishes will also influence the outcome. Of course, if both parents cannot agree on the significant issues, the inevitable result will be a family court trial.

What Are the Different Types of Timesharing Under Florida Law?

In Florida, the court may award three different types of physical custody: equal, majority, or supervised timesharing. We'll explore these three types and what they mean for you and your child.

Equal Timesharing

Equal timesharing is a fifty-fifty arrangement where each parent has an equal number of overnights each year. A typical example of equal timesharing is a child alternating one week on to one week off between homes.

Majority Timesharing

Majority timesharing cases have one parent with primary physical custody during the year, even if that's only 50.1 percent of overnights. A typical scenario is when the child spends the week with one parent and weekends with the other.

Supervised Timesharing

Some instances may call for a court order of supervised timesharing, which means that for one parent, a third party must be present for all visits with the child. For example, supervised visits could happen at home with another family member or friend present or at a visitation center. Typically, supervised visitation only occurs in cases with a history of spousal violence, child abuse, neglect, substance abuse, significant mental health issues, or when a parent has violent felony convictions.

How Can a Family Law and Divorce Lawyer Help Your Case?

Even if you believe your case may come to an amicable resolution via mediation, having a custody-oriented family law attorney is the best course of action. One of our custody lawyers can also help you protect the best interests of you and your children in cases where:

• Either parent is planning on relocating to another county or state
• Either parent has a history of acute mental health issues, substance abuse, domestic violence, or past convictions
• You and your co-parent have trouble communicating with each other or have conflicting ideas regarding timesharing
• The other parent is attempting to alienate your child from you
• You need help with formulating a parenting plan

The Family Matters Law Firm: Helping Florida Families Move Forward and Make a Fresh Start

At The Family Matters Law Firm, we are passionate about helping unhappy families in our community find peace of mind. If you're searching for custody lawyers in Florida, you're in the right place. Our firm has assisted Florida families in resolving divorce, child custody, and other legal matters, and we are here to assist you, too, because families matter.

The Family Matters Law Firm has over 25 years of experience serving families in Miami. We strive to assist our clients with all aspects of the divorce and separation processes, including conflict resolution, therapist referrals, and finance management referrals. We will help you divorce yourself from the fight and find peace of mind as you make a fresh start.

Call us today at The Family Matters Law Firm at (786) 527-2606 or contact us online to schedule a strategy session for legal advice with a legal separation attorney in Miami, FL.

Copyright© 2022. The Family Matters Law Firm. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

The Family Matters Law Firm
2 S. Biscayne Boulevard
Suite 2200, Miami, FL 33131
(305) 701-2901
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