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Child Custody Lawyers

Timesharing: Florida Child Custody Lawyers

 Child Custody lawyersWhat was previously called Child Custody in Florida, is now called “Timesharing” by Florida Statutes Chapter 61.  Most Florida child custody lawyers believe it was the Florida legislature’s intention to encourage Florida family law courts to get away from the entrenched thinking of generations passed about primary custody and secondary custody, and instead encourage the participation of both parents through joint efforts.

A Timesharing order generally establishes both a Regular Timesharing Schedule and a Holiday Timesharing Schedule.  As you might think, Regular Timesharing is what the child custody arrangement is on an average, every week basis.  There are a variety of different arrangements that courts will make, depending on the circumstances of the parties and the child(ren), but typically the Court orders either a 50/50 schedule where both parties have equal time with the minor child(ren), or an every other weekend schedule where one parent has “Majority Timesharing.”  As most child custody lawyers can tell you, each judge in the bay area has a different opinion of what standard timesharing should look like, so your case may differ based upon the circumstances.  To learn more about your judge, call us for a free consultation: (813) 228-0658.

Holiday Timesharing Schedules determine how holidays and vacations will be divided between the parents.  Typically ordered on a rotating basis, each party will have a set of holidays every year and then rotate to the other party on the following year.  Summer and Winter Break timesharing are included in this section, as are any other religious holidays or special events for the minor child.

Florida child custody lawyers are frequently asked how a judge is going to divide timesharing between the parties under a given set of circumstances.  The truth is that most judges look to the best interests of the minor child, based upon a schedule of factors that the Florida legislature has identified in Florida Statute §61.13.  The factors (which are found in subsection 3) have a common theme: which parent places the needs and interests of the minor child before his/her own?  This manifests in several different ways: which parent has most often attended academic, extra curricular and doctors appointments with the child?  Who is more familiar with the child’s routines, needs and friends?

This is not to say that because one parent has traditionally been responsible for these things, that the other parent is automatically going to be disqualified from having substantial timesharing with the child.  Often during the course of a divorce, the parties are given an opportunity to show that they’re capable of participating equally in the child’s life.

To find out more about how to get the timesharing now, contact our child custody lawyers at (813) 2228-0658.