In Florida, fathers can pursue a majority timesharing schedule with their children, formerly known as custody, which is in line with the child’s best interests. The state’s laws encourage shared parenting, and fathers are afforded opportunities to seek substantial time with their children. However, achieving a full timesharing schedule requires meeting specific legal requirements, and the court will assess various factors before making a decision.
Florida’s presumption of equal timesharing
In recent years, Florida law has evolved to favor equal timesharing between parents. As of July 1, 2023, the law includes a rebuttable presumption that equal timesharing (50/50) is in the child’s best interest. This means that unless compelling evidence suggests otherwise, the courts will likely consider a 50/50 parenting plan.
However, this presumption is not automatic. Either parent can present evidence that equal timesharing is not suitable for the child’s needs. The court will consider this evidence and make a decision based on the facts presented.
Factors considered in determining timesharing
Florida courts consider several factors from Florida Statute 61.13 when deciding on a timesharing schedule. These include, but are not limited to:
- The ability of both parents to cooperate in parenting matters
- The child’s developmental needs at various stages of life
- Each parent’s mental and physical health
- The child’s preference, depending on age and maturity
- The ability of the parents to provide a stable and nurturing environment
Courts also look at any history of abuse, neglect, or domestic violence when determining the suitability of a timesharing arrangement.
What happens if parents can’t agree?
When parents cannot agree on a timesharing plan, the Court generally requires them to attend mediation. If mediation does not result in an agreement, the Court will decide on the timesharing arrangement based on the child’s best interests. This is where the rebuttable presumption of 50/50 timesharing plays a significant role.
If a father can demonstrate that equal timesharing is NOT in the best interest of the child, he can potentially secure a timesharing schedule that is more than 50/50.
While Florida law supports equal timesharing, fathers can gain a larger share of the timesharing schedule as long as it aligns with their child’s needs and meets the criteria established by the court.
