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Facing decisions about child custody, or time-sharing as it’s known in Florida, can be an incredibly difficult and emotional journey. At Jorge L. Gonzalez Law, our primary goal is to ease the stress and burden you experience during this challenging period. We work closely with you, meticulously building a strong case and exploring every available option to safeguard your family’s well-being.

Understanding Your Rights in Florida Child Custody

We understand that navigating a custody matter alongside a divorce or separation adds significant pressure. However, Florida’s child custody laws are thoughtfully designed to protect the rights and best interests of everyone involved. Empowering you with a clear understanding of your rights allows you to make the most informed decisions for your family’s future.

Dedicated Experience in Florida Family Law

Whether you’re beginning to consider a separation and have questions about time-sharing, or you find yourself in the midst of an immediate dispute, you can feel confident in having an experienced attorney guide you. With over 30 years of focused experience in Florida family law, the attorneys at Jorge L. Gonzalez Law are deeply familiar with the complexities of your unique case, and we are dedicated to navigating them while diligently protecting your rights as a parent.

Key Principles of Florida Child Custody Law

Florida law emphasizes that children should have “frequent and continuing contact” with both parents after separation or divorce. Fla. Stat. § 61.13(2)(c)(1). Courts typically order shared parental responsibility (where both parents make decisions) unless it’s harmful to the child.

If a parent is found guilty of a serious crime involving domestic violence, they may be deemed a detriment to the child. Such a finding can limit their decision-making power and time with the child, though they’ll still be required to pay child support. Even without a conviction or restraining order, any evidence of domestic violence or child abuse is considered when determining the best interest of the child.

The Florida Child Custody Process 

While every family’s path is unique, determining child custody in Florida generally involves these key stages:

• Starting Your Case: A parent begins by submitting a formal petition to the family court, outlining their proposed time-sharing plan.
• Mediation: Courts frequently require parents to attend mediation, where a neutral professional helps facilitate discussions to reach a shared agreement.
• Court Proceedings: If mediation isn’t successful, the matter may go to court. Both parents present their arguments and evidence, and a judge makes the final decision on the time-sharing schedule and parental responsibilities.
• Court Order: Once a decision is made, the court issues a binding order detailing the custody arrangement, which parents must legally follow.
• Parental Education: Florida typically requires parents to complete a class focusing on how divorce affects children and fostering peaceful co-parenting.

Types of Child Custody or Time-Sharing in Florida

When navigating child custody, it’s helpful to know how parents typically divide their time and duties. In Florida, these arrangements are called time-sharing, and the main types include:

• Sole Physical Time-Sharing: One parent primarily houses the child, with the other parent having visitation rights.
• Shared Physical Time-Sharing: The child divides their living time between both parents, which might involve an equal split or a customized schedule.
• Sole Parental Responsibility: One parent holds final decision-making power over major aspects of the child’s life, such as education and healthcare.
• Shared Parental Responsibility: Both parents collaborate on important decisions regarding the child’s upbringing.
• Bird’s Nesting: (Infrequent) The child remains in one home, while parents rotate living there, aiming to maintain the child’s stability.
• Third-Party Custody: When parents are unable or unfit to care for a child, a relative or other suitable adult may be granted custody, with the court’s decision based on the child’s best interest.

Understanding Your Parenting Plan

When parents separate or divorce, the court creates a Parenting Plan. This important document explains how parents will continue to raise their children together. It covers key details like:

• How parents will share daily tasks for their child’s upbringing.
• The time-sharing schedule, which sets when the child will be with each parent.
• Who will handle decisions about healthcare, school (including which address to use for school), and other activities.
• How parents will communicate with their child.

If changes are needed later, a Parenting Plan and time-sharing schedule can only be updated if there’s a substantial and unexpected change in circumstances.

How Courts Decide Parenting Plans

When parents can’t agree on a parenting plan, Florida courts will decide for them, always prioritizing the child’s best interests. This means they aim to create an environment where children can truly grow, learn, and thrive. To gain custody, you’ll need to show you can provide a healthy, loving home that fully meets your child’s needs. The court’s decision is guided by several factors, all focused on what genuinely benefits your child, and these include:

• Parent-Child Relationship: The court looks at the emotional connection and care each parent provides, and how well they put the child’s needs before their own.
• Parental Well-being: This includes each parent’s physical and mental health, as well as any history of substance use or abuse.
• Child’s Stability: The court considers the child’s established home, school, and community life, and how well the plan keeps things consistent.
• Time-Sharing Practicality: The court checks if the time-sharing schedule is realistic, especially for school-aged children and travel needs.
• Child’s Voice: If a child is old and mature enough, their wishes about where they live may be considered.
• Co-Parenting Ability: The court assesses how well parents can communicate and work together to make decisions for the child, keeping the child safe from conflict.
• Parental Involvement: This covers a parent’s active role in the child’s daily life, from school to friends and medical care.
• Relocation Plans: If a parent plans to move, the court considers how this will affect the child and the parenting plan.
• Child’s Developmental Needs: The court considers the child’s age and stage of development, and each parent’s ability to meet those changing needs.

Addressing Time-Sharing Violations

If a parent fails to follow the time-sharing schedule without proper cause, it’s crucial to understand that child support or alimony payments must continue. Likewise, parents cannot withhold visitation solely due to unpaid child support.

When a time-sharing schedule is violated, the court can take several actions:

• Award the denied parent makeup time-sharing.
• Order the violating parent to cover the other parent’s court costs and attorney’s fees.
• Require the non-compliant parent to attend a parenting course or perform community service.
• Even modify the Parenting Plan if the other parent requests it.

Contact Jorge L. Gonzalez Law at 305-227-4700 for a free consultation. We’re dedicated to protecting your parental rights and achieving the most favorable outcomes for your family.