How Does Florida Approach Joint Custody or Timesharing?

When it comes to child custody or time sharing decisions, most experts agree that joint custody or shared parental responsibility is best for both the child and the family. Specifically, studies show that not only is this better for a child in terms of flourishing socially, psychologically and academically, but that a strong percentage of children who end up homeless, prone to suicide, or who drop out of school come from single-parent or fatherless households. Joint custody not only involves a child spending time in both households, but both parents sharing legal decision-making abilities (or “legal custody”) in addition to physical custody capacity. This doesn’t necessarily mean a child absolutely has to split their time 50-50, but that they reap the benefits of spending time in both households as long as they spend at least 35 percent of the time with one parent.

Still, that does not mean that joint custody makes sense in every circumstance, especially if there is a history of domestic violence or other legal issues in one household, or if the child has special needs or otherwise has a difficult time adjusting to going back-and-forth between the two households for personal reasons.

The State Scores a C+

In addition, according to a new report, a number of states don’t exactly make it easy for children to spend time with both parents; and Florida is included: the state scored a C+ because, although it has a statutory presumption of shared parental responsibility ( unless this would be detrimental to the child), and the court places the disposition of each parent to encourage a close and continuing parent-child relationship with the other parent as a very important factor in deciding on child custody, the state’s presumption of shared parental responsibility does not create a preference or presumption when it comes to physical custody, nor do the statutes explicitly provide for shared parenting during temporary orders.

Speak With One Of Our Orlando Timesharing Lawyers Today To Find Out More

What is in a child’s best interest is very specific to each child and family and their environment and circumstances, as there is no one-size-fits-all when it comes to these issues. When it comes to shared parental responsibility, a court can consider the desires of the parents and divide responsibility very specifically based on what is in the best interests of the child. This means that you must make your case in court, and you should work with an experienced timesharing attorney in order to achieve a schedule that is best for you and your child.

Contact our Orlando timesharing lawyers at Arwani Law Firm, PLLC today to find out how we can help and provide the aggressive but compassionate representation that you need.

Resources:

public.tableau.com/profile/nationalparentsorg#!/vizhome/2019SharedParentingReportCardMap/SPMAP

usnews.com/news/best-states/articles/2019-09-18/report-states-lack-laws-to-support-equal-shared-parenting

https://www.arwanilawfirm.com/how-is-divorcing-with-a-special-needs-child-different/