Time Sharing

Time Sharing

The Florida Statutes no longer use the terms "child custody" and "visitation". As of October 1, 2008, the law replaces the term "visitation" with "time sharing." A time sharing schedule (a Parenting Plan) sets out the time that each parent will spend with their child.

Under the prior law, the visitation and custody provision of a final judgment would only take up a few pages in the average final judgment. Those subjects are now addressed in a Parenting Plan under the current law and is about 15 pages. The purpose of the larger document is to more specifically set out each parties responsibilities so as to minimize future litigation.

When determining a time sharing schedule, the judge start with the assumption that it is in the child's best interests to spend substantial time with both parents. However, this is not always the case.

The terms "sole custody" and "joint custody" have been renamed "parental responsibility." Shared parental responsibility refers to the joint decision making authority that most parents exercise - even those that are divorced. These decisions include: medical care, religious training, extra-cirricular activities, disciplinary matters, etc. When only one parent makes the decisions, they are said to have sole parental responsibility. Generally, the courts award sole parental responsibility only where the other parent is unable to exercise any authority due to addiction, incarceration, or other such situations.

Failure to agree on a time sharing schedule is one of the major reasons that cases go to trial (with the associated increase in cost). You should contact an experiened time sharing attorney if you anticipate such problems in your case.