Although many parents refer to having a child living with them as having “custody”, Florida has completely moved away from used of the term in its laws. Florida courts generally refer to children residing in the home of their parents as an exercise of “time-sharing” and both parents are permitted to exercise this parental right. The frequency and the conditions concerning parental time-sharing with the children is determined by a court in the best interests of the children. Florida Statute §61.13 provides a list of factors to aid the Court in setting a time-sharing schedule.
In extreme cases, a judge can order supervised time-sharing or no time-sharing at all. These are typically cases involving parents who suffer from severe mental health issues, parents who suffering an active addiction to drugs or alcohol, and/or parents commit violence towards the other parent or the children or abuse and/or neglect children.
Florida law generally requires courts when addressing children’s issues to require the Parents to exercise their parental rights in conjunction with a Parenting Plan. A Parenting Plan is a document, or information sometimes made part of a settlement agreement in a family law matter, which spells out how the parents will parent their children following the conclusion of a family law matter such as a divorce.
Parenting Plan include, but are not limited to, a time-sharing schedule, holiday time-sharing schedule, provisions for extra-curricular activities, education, childcare, contact between the parents, contact between the children and parents, and out-of-state (or country) travel. In every action for paternity or dissolution of marriage in which there are common children, the court will establish a parenting plan.
The parenting plan can be modified if either of the parents or the child(ren) experience a substantial change in circumstances and the requested modification is in the best interests of the children. The family court maintains discretion to overrule agreed upon terms based on the best interests of the children legal standard.
