One of the most frequent questions parents have is about what is the best timesharing schedule in divorce or paternity. Alternatively, they also want to know what is the timesharing or visitation schedule preferred by family court?
Sometimes, parents are confused in referring to timesharing as “visitation.” The term visitation is what was used prior to 2008 when the divorce statutes where amended to do away with designating one parent as the “primary” residential parent, with the other parent having visitation with the children.
When do you need a timesharing schedule?
Timesharing schedules are necessary in divorces with children or in paternity actions. For the rest of this entry, I refer to timesharing in a divorce, but keep in mind that these provisions would apply to you if yours is a paternity case and not a divorce with children. A timesharing schedule is essentially mandatory in these cases even if you and the other parent get along fine and there is no disagreement as to how much time—or when—each parent will be spending time with children.
Aside from safeguarding your time with your child in the future, timesharing is part of the child support guidelines. Timesharing is used to calculate child support, together with both parents’ income.
“Standard” Time-Sharing in Florida
There is no standard timesharing in Florida as such. All else being equal, the best timesharing you can get is fifty percent of the time with a child. This assumes that both you and the other parent are equally able to take care of the child when the child is with either of you. It also assumes that there are no issues of neglect by one parent or the other, and that both parents can schedule around the child’s needs.
The guiding rule is what timesharing will be in the best interest of your children. If you and the other parent cannot agree on what timesharing schedule will be best for your children, then the statutes provide a set of factors for the court to consider in establishing a timesharing schedule that it will deem in your children’s best interest.
As a result, the best timesharing schedule is the one that works for your family: you, the other parent and, of course, the children.
If you and the other parent are able to agree on a timesharing agreement, the court must approve it. This is true whether it is a timesharing plan in a divorce or in a paternity case. Courts and the divorce statutes pertaining to timesharing prefer that you and the other parent enter into an agreement. Generally, the courts approve the plans, but it is not a guarantee and they always have discretion to reject or modify it.
Please note that it is a myth that the Florida divorce laws give preference to the mother when it comes to timesharing. This is simply not true. Changes to the timesharing statute now presumes that equal timesharing is in the best interest of the children.
Getting a timesharing schedule together
Depending on whether you and your spouse are able to communicate while contemplating divorce, a good first step is to discuss some preliminary schedules considering your respective work schedules and the children’s schedule.
Once that is in place, it is a lot easier to do a parenting plan as required by law.
If you and your spouse have children and you want to do an uncontested divorce, this service might work for you. For paternity cases, you can read more on this page or call me at 305-710-9419.