Timesharing In Florida: What It Is And How It’s Decided

You’ve probably heard “timesharing” thrown around in divorce or paternity conversations.

But what exactly does that mean in Florida today?

The term has evolved, the laws have changed, and how “time with the kids” gets divided is not as simple as old-school “custody” anecdotes.

At Madonna Law Group, we help clients understand how timesharing works, how courts make decisions under Florida statutes, and when you should call us to protect your rights.

What Is “Timesharing” and How It’s Different from “Custody”?

Florida no longer uses the terms “custody” or “visitation” in its statutes. Instead, the legal framework now uses “timesharing” and “parental responsibility.” Here’s what it means:

• Timesharing schedule: A timetable, covering overnights, weekends, holidays, school breaks, dictating how much time a child spends with each parent.
• Parental responsibility: Which parent(s) have authority to make decisions about the child’s education, medical care, religion, etc.

Under Florida Statutes § 61.046, a parenting plan must include a timesharing schedule. If the parents agree, the court may approve their plan. If not, the court will impose a schedule based on the child’s best interests.

Equal Timesharing Presumption

As of July 1, 2023, Florida amended § 61.13 to include a rebuttable presumption that equal timesharing (i.e. roughly 50/50) is in a child’s best interests. This marks a significant shift from earlier law, which explicitly stated there was no presumption for or against any particular timesharing split.

That said, equal timesharing is still not mandatory. A parent may rebut the presumption by showing, by a preponderance of evidence, that 50/50 is detrimental to the child. And regardless of that presumption, the court must evaluate the statutory “best interests” factors under § 61.13(3) and make written findings if rejecting equality.

How Florida Courts Decide Timesharing

When parents can’t agree, the court steps in. Under § 61.13(3), judges consider numerous best-interests factors to design the timesharing schedule. Some key considerations include:

1. Each parent’s capacity and disposition to facilitate a close, continuing relationship with the child, and to follow reasonable changes to schedule
2. How parental responsibilities will be divided after the case, including delegation to third parties (e.g. daycare)
3. How well each parent understands and attends to the child’s needs (versus their own preferences)
4. The stability and continuity of the child’s environment, including school, home, and community ties
5. Distance, travel time, and feasibility for the child to move between homes and school
6. Health, mental fitness, moral character, any history of abuse, neglect, or domestic violence
7. The child’s reasonable preference (if the child is of sufficient intelligence, understanding, and experience)

If parties have previously agreed to a timesharing plan, the judge may adopt it if it meets the child’s interests. Otherwise, the court crafts a plan itself.

Enforcement and Violations: What Happens If Timesharing Is Breached

Once a timesharing schedule is court-ordered, it’s a legal obligation. If one parent refuses or fails to comply without cause, Florida law under § 61.13(4) offers several enforcement tools:

• Make-up time: The court may order “make-up” parenting time to compensate the non-violating parent.
• Attorney’s fees and costs: A parent who must go to court to enforce compliance may have their legal fees awarded.
• Community service, parenting classes, or other sanctions: Courts have broad discretion on this one.
• Contempt of court: In serious cases, a violating parent may face contempt proceedings (fines, or in extreme cases, jail).
• Modification: Violation history can bolster a motion to modify the schedule; again, if in the child’s best interests.

At Madonna Law Group, we recognize that timesharing is the heart of your relationship with your child. That’s why our Dade City timesharing and parenting attorney provides an in-depth evaluation of your family dynamics, child’s needs, and legal options before helping you prepare a legally solid parenting plan and timesharing schedule, tailored to your situation.

Need Help with Timesharing? Contact Us Today

Don’t let vague terms or “what ifs” determine your child’s future time. If you’re entering a dispute over timesharing or trying to defend your rights contact Madonna Law Group for a case evaluation today. Give us a call at (352) 567-0411 to get started.

https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.046.html