According to Florida law, time sharing and custody are two distinct family law concepts. Time-sharing refers to the schedule that specifies the time, including overnights and holidays, that a minor child will spend with each parent. This schedule must be included in the Parenting Plan and can either be agreed upon by the parents and approved by the court or established by the court if the parents cannot agree.
Custody, on the other hand, referred to the legal and physical responsibility for a child. However, the legislature abolished the concept of custody, replacing it with “parenting plans” and “time-sharing,” where neither parent is designated as the primary residential parent, and both parents must comply with a detailed parenting plan:
However, in 2008, the Legislature abolished the concept of custody and replaced it with “parenting plans” and “time-sharing,” where neither parent is designated as the primary residential parent and both parents must comply with a parenting plan that sets out in detail each parent’s responsibilities and involvement in the minor child’s life. See Ch. 2008–61, § 8, at 742, Laws of Fla. The Legislature also modified section 61.13(2)(c)(1) to state, “[t]here is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.” See Ch. 2009–180, § 3, at 1853, Laws of Fla. Thus, currently no presumption exists disfavoring the underlying time-sharing plan. However, as discussed below, there is no evidence that the specific nature of this time-sharing plan is in the best interest of the child.
See: Bainbridge v. Pratt – 68 So.3d 310
Note: The court determines all matters relating to parenting and time-sharing in accordance with the best interests of the child (See Florida Statute 61.13).
Related:
- Child Custody in Florida
- How does shared parental responsibility work in Florida?
- What Factors Does A Court Use For A Florida Parenting Plan?
- Should custody change be a penalty for missed visitation?
- Must court hold one in contempt for violating parenting plan?
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