Time-Sharing/Child Custody & Visitation

Gainesville Time-Sharing Attorney for Child Custody & Visitation

In Florida, the term “child custody” has been replaced with “time-sharing” or “parental responsibility” to reflect the court’s belief that a child benefits from having a shared relationship with both parents. A time-sharing schedule is part of an overall parenting plan and governs how many overnights are awarded to each parent with their child. Because every family is unique, there are various time-sharing arrangements. Still, the common goal is to implement a schedule that allows a child to build a loving and supportive relationship with both parents.

Creating a Time-Sharing Schedule

When parents agree on a reasonable and fair time-sharing schedule that prioritizes the child’s best interest, it is part of a parenting plan submitted for court approval. However, often, disagreements arise between parents, especially those in a contentious divorce. In these cases, time-sharing is considered during mediation. If the parents cannot agree on a time-sharing arrangement based on the child’s best interests, a judge will determine the schedule that best serves the child’s needs.

What is Included in a Parenting Plan?

Under Florida Statute 61.13, a parenting plan must include:

• How the parents will share responsibilities for the upbringing of the child
• A time-sharing schedule specifying how much time is spent with each parent
• The parent responsible for health care, school-related matters, and other important decisions
• How each parent will communicate with the child
• Arrangements for transporting the child between the parents

Can the Court Deny Time-Sharing with a Parent?

Although the court prefers a 50-50 time-sharing arrangement for a minor child, it can be denied when there is evidence that a parent’s involvement would be detrimental to the child. These are cases when a parent has been convicted of domestic abuse or sexual violence or has a history of abuse, abandonment, or neglect of the child. The court also considers each parent’s physical and mental health and ability to care for and provide a stable home for the child.

In extreme cases, the court may order supervised time-sharing to ensure the child’s safety or terminate the parent’s parental rights. The geographical location of each parent is considered, as it is a factor if it significantly impacts a parent’s ability to be involved.

Child Support and Time-Sharing

In Florida, both parents are legally obligated to support their child financially. Time-sharing is a factor in determining child support calculations. A paying parent with over 73 overnight stays per year (20%) may be eligible for a reduced child support payment. This reduction offsets expenses incurred for the child’s overnight stays.

Time-sharing is Enforceable

There are legal consequences for a parent who does not comply with a time-sharing schedule without valid cause. The court may order make-up time or require the violating parent to pay the other parent’s attorney’s fees for bringing the matter to court. A parent in violation may also be ordered to attend a parenting class or complete community service hours. A contempt of court charge is also an available sanction, as a time-sharing schedule is an enforceable court order. A judge can modify the time-sharing schedule at any time based on the child’s needs.

Alba Legal PLLC: Helping Families Navigate Challenging Times

Gilbert J. Alba is a seasoned family law attorney who has been providing legal services in our community since 2004. He brings a wealth of knowledge to his practice and is passionate about making a positive difference in his client’s lives. Understanding that family law cases can be highly emotional, Attorney Alba and his legal staff advocate compassionately for those in need and are always prepared to present a strong case to a judge and jury. We strive to understand your vision of success and work towards making it happen.

Contact Alba Legal, PLLC, at 352-327-8726 to schedule a confidential consultation at our Gainesville, Florida, office. Our Gainesville time-sharing attorney represents clients in Alachua, Columbia, Dixie, Gilchrist, Bradford, Clay, Putnam, Marion, and Citrus Counties. We offer legal services in English and Spanish to better serve our community.