When it comes to family law, some topics spark confusion. One of the topics that confuses many is child custody. In Florida, the term ‘child custody’ is no longer used. In 2008, ‘parental responsibility’ and ‘timesharing’ replaced the term ‘child custody.’ Often, these two terms get mixed up, and some people think that the two are the same. These are two different concepts, and understanding the difference is crucial. This article explains the difference between parental responsibility and time-sharing in Florida.
Understanding Parental Responsibility
Parental responsibility in Florida is referred to as legal custody in other states. It is the legal authority to make major decisions regarding a child’s life, such as where the child will go to school, the medical treatment they receive, and what religion they are raised in. In Florida, there are two main types of parental responsibility: shared and sole parental responsibility. Shared parental responsibility is the preferred model in Florida. Florida courts believe that children benefit most from having both parents involved in decision-making.
Under shared parental responsibility, both parents retain decision-making authority, meaning they collaborate on important child-related decisions. On the other hand, sole parental responsibility is when one parent makes child-related decisions. Under sole parental responsibility, the other parent is excluded from the decision-making process.
In Florida, there is also what is called shared parental responsibility with ultimate decision-making authority. This model allows both parents to be involved in the decision-making process, but in the event of an impasse or disagreement, one parent makes the final decision. This arrangement encourages parents to collaborate while ensuring a decisive authority exists, providing stability for the child in case the parents cannot agree on important issues.
Understanding Timesharing
Timesharing in Florida is what is called physical custody in other states. It refers to where the child resides and the time they spend with each parent. Timesharing governs how a child will divide their time between their parents’ homes. There are two main types of timesharing in Florida: equal and majority. Equal timesharing means that the child spends equal time with both parents. Florida law prefers equal timesharing over majority timesharing. Under Florida law, there is even a presumption that equal timesharing is in a child’s best interest. This presumption can only be overcome by proving by a preponderance of the evidence that equal timesharing would not be in the child’s best interests.
On the other hand, majority timesharing means that one parent is designated as the primary residential parent, meaning the child will live with them most of the time, while the other parent will have specified timesharing. For example, a child may spend every other weekend with a parent who is not the primary residential parent.
In Florida, there is also what is called supervised timesharing. This is when one parent can only spend time with their child under supervision. This type of timesharing only applies in cases where there are concerns about the child’s safety, such as potential abuse or neglect.
Contact a Family Law Attorney
At Tampa Bay Legal Center, P.A., we can explain more about parental responsibility and timesharing and ensure your and your child’s rights are protected. Contact us today to schedule a consultation.
