Understanding Florida's Time-Sharing Custody Laws
When parents separate or divorce in Florida, child custody becomes one of the most important matters to resolve. Under Florida law, what many people traditionally called "custody" is now formally referred to as "time-sharing."
As custody law in Florida continues to evolve, understanding what time-sharing means and how it’s applied is key to protecting the well-being of children while also preserving parental rights.
At Gutin & Wolverton, we help divorcing parents understand how time-sharing decisions are made under Florida’s custody law. We take a practical, compassionate approach in family law matters, while advocating for solutions that reflect both parents’ responsibilities and the best interests of the child. We serve clients in Cocoa and throughout Brevard County, including Titusville, Melbourne, and Palm Bay.
What Is Time-Sharing in Florida Custody Law?
Florida no longer uses the term "custody" in legal proceedings. Instead, the courts use the term “time-sharing” to describe how each parent spends time with their child. Time-sharing is part of the parenting plan, which also includes decisions about education, health care, and daily upbringing.
Under Florida custody law, both parents are presumed to share parental responsibility unless it’s proven that this would be detrimental to the child. Courts begin with the idea that children benefit from having frequent and continuing contact with both parents, and they work from that assumption to build a time-sharing plan.
Parenting Plans and Court Approval
All time-sharing arrangements must be outlined in a parenting plan. This document, which is either agreed upon by both parents or ordered by the court, sets forth the responsibilities of each parent. In Florida, the parenting plan must include a detailed schedule and methods of communication between parent and child.
Custody law in Florida requires that the plan serve the best interest of the child, which is the guiding principle for the court in every custody-related decision.
Best Interests of the Child Standard
Florida custody law centers on the best interest of the child. This is not a vague guideline but a detailed, well-established legal standard. Courts evaluate multiple factors when determining what arrangement best supports the child’s physical, emotional, and developmental needs.
Among the elements courts consider are the stability of each parent’s home environment, moral fitness, mental and physical health, school location, and the child’s preference (if the child is of sufficient age and maturity).
Types of Time-Sharing Arrangements in Florida
Time-sharing arrangements differ greatly based on the unique circumstances of the parents and the child’s needs. While some parents divide time almost equally, others may follow a plan where one serves as the primary residential parent and the other has scheduled visitation.
Florida courts do not give automatic preference to mothers or fathers. Instead, custody laws view both parents as equals and create arrangements based on the specific circumstances of each case.
How Florida Courts Make Time-Sharing Decisions
Custody law in Florida instructs judges to consider several factors when deciding how to allocate time-sharing. Courts are required to evaluate all circumstances and assess how each parent supports the child’s welfare, development, and continuity of care.
If parents cannot agree on a time-sharing schedule, the judge will issue one after hearing evidence. Courts may also appoint a guardian ad litem or consider testimony from mental health professionals if disputes are especially contentious.
Below is a list of key factors Florida courts weigh under custody law when creating a time-sharing plan:
Each parent’s ability to foster a relationship between the child and the other parent
Each parent’s moral fitness
Mental and physical health of both parents
Stability of each home environment
Child’s school, home, and community record
Evidence of domestic violence or substance abuse
Willingness to adhere to court orders
Any special needs of the child
Each parent’s ability to put the child’s needs above their own
These factors help the judge create a balanced time-sharing schedule that reflects what is truly best for the child.
What Happens When Parents Agree on Time-Sharing?
If both parents agree on a time-sharing plan, courts will typically approve it as long as it complies with Florida custody law and serves the child’s best interests. To ensure enforceability, the agreement should be clearly documented, filed with the court, and approved by a judge.
We regularly assist parents with drafting parenting plans that are thoughtful, legally sound, and acceptable to the court. Reaching an agreement outside of trial helps reduce conflict and often provides better long-term outcomes for the children involved.
What If One Parent Violates the Time-Sharing Agreement?
Once the court approves a time-sharing schedule, both parents are legally obligated to follow it. If one parent interferes with the other’s time or fails to return the child as agreed, legal consequences can follow.
Under Florida custody law, courts can hold a non-compliant parent in contempt and may even modify the custody arrangement if violations are severe or persistent. In certain situations, we take enforcement actions to safeguard our clients’ rights and promote the child’s stability.
Relocation and Its Impact on Time-Sharing
Relocation is a common issue in custody cases. If one parent wants to move more than 50 miles from their current residence and the move will last more than 60 days, Florida custody law requires that parent to file a petition and notify the other parent.
The relocating parent must prove the move is in the child’s best interest, not just their own. If the other parent objects, a hearing is scheduled to determine whether the relocation should be permitted. These proceedings are often challenging, and we strongly advise parents to seek legal support before making any relocation plans.
Modifying Time-Sharing Orders
Changes in a parent’s work schedule, health, or living situation may require modifications to a time-sharing plan. To modify a court-approved parenting plan, the requesting parent must demonstrate a substantial, material, and unanticipated change in circumstances.
Florida custody law does not allow minor or expected changes to justify a modification. We assist clients in presenting strong evidence and well-documented arguments when seeking or contesting a modification.
Time-Sharing and Child Support
Time-sharing has a direct impact on child support. Florida’s child support guidelines use the number of overnight stays each parent has with the child to calculate financial obligations. A parent with significantly more time-sharing may receive more support, while more equal arrangements may result in shared financial responsibility.
Understanding this connection is important when negotiating a parenting plan. At Gutin & Wolverton, we help our clients balance both legal and financial interests while keeping the child’s well-being as the central priority.
The Importance of Documentation
Courts rely on evidence, not just words. For that reason, parents should document all communication, pickups, drop-offs, and any concerns that arise. Accurate records strengthen your position if a dispute occurs or if enforcement becomes necessary.
Proper documentation can also serve as a preventive tool. Knowing that records are kept can encourage both parties to follow the agreement more carefully.
Avoiding Custody Disputes
While not every disagreement can be avoided, many custody disputes escalate due to misunderstandings or lack of communication. We often counsel clients on the value of respectful dialogue, consistency, and cooperation when possible. Courts take note of parents who show a willingness to work together and prioritize their child’s stability and emotional health.
Legal Support Can Make a Difference
At Gutin & Wolverton, our attorneys work with parents to craft time-sharing plans that work in the real world. We’re proud to serve communities in Cocoa and throughout Brevard County, including Titusville, Melbourne, and Palm Bay. Call today to resolve your family law matter.