What Does Equal Timesharing Mean?
Equal timesharing is about keeping both parents involved in their child’s upbringing, particularly after a separation or divorce. The idea behind this is that children thrive when they have consistent access to both parents, as compared to having occasional weekends with one parent. Some people often think that equal timesharing means a strict 50/50 split, but it isn’t always the case. In many cases, equal timesharing is more flexible depending on the unique family dynamics. In one case, it may involve alternating weeks, while in another, parents may use a rhythm that suits their work schedules, the distance between homes, or the child’s routine.
According to Florida Statute 61.13, the starting point when deciding timesharing is to assume that children benefit from substantial time with each parent. However, judges still look at the best interests of the child, which then implies that a deviation from equal involvement may be made when there’s a strong reason to do so.
How Do Courts Decide on Equal Timesharing?
As mentioned above, even with the preference of equal timesharing, judges still rely on the best interests of the child when making the final decision. Several factors are considered by the courts when making this decision, including each parent’s ability to provide stability for the children, their moral fitness, and how well they encourage the child’s relationship with the other parent. This ensures that equal timesharing is both healthy and realistic.
What if Equal Timesharing Isn’t Practical or Safe?
The new law, HB 1301, creates a rebuttable presumption that equal timesharing is typically in the child’s best interest. Got that? Rebuttable. This means that a parent who objects to equal timesharing can prove that a different arrangement would better protect the child. To succeed in this argument, they must demonstrate, by a preponderance of evidence, that equal timesharing would cause harm or is impractical.
In situations where equal timesharing isn’t appropriate, judges may consider arrangements such as 60/40 or 70/30, whichever aligns best with the child’s needs. Some of the most common reasons for this may include:
- A parent’s history of domestic violence or substance abuse
- Long distance between households
- A parent’s work schedule that limits their availability
- A child with special needs whom one parent is better equipped to handle
- A child’s preference, if they are mature enough to express it
- A parent’s ability to meet the child’s daily needs
Such arrangements are rare and are only reserved for situations where equal timesharing isn’t in the child’s best interests.
Contact a Family Law Attorney Today
If you have a question about how Florida’s timesharing laws apply to your situation, contact our experienced family law attorney at Tampa Bay Legal Center, P.A., today to schedule a consultation.
