TIME SHARING SCHEDULES

Florida’s public policy is to ensure that children have frequent and continuing contact with both parents after separation and divorce. Among the decisions that parents will need to make is how the children’s time will be shared between the parents. If the children live most of the time with one parent, that parent is usually called the “primary residential parent.” The other parent is often called the “secondary residential parent.” Under Florida law, the father is given the same consideration as the mother in determining primary residence regardless of the age or gender of the children.

The time spent with the secondary residential parent is referred to in different ways. “Visitation,” “contact and access,” “time sharing,” or “parenting” are the most commonly used terms. The schedule can be as flexible or structured as is needed for your family. For some families, nearly equal time sharing may work well.
If the parents cannot agree on a time sharing schedule, the court must decide what is in the best interest of the child, considering the following factors:
1. The parent who is more likely to allow the children frequent contact with the other parent.

2. The love, affection and other emotional ties existing between the children and each parent.

3. The ability and desire of each parent to provide food, clothing, shelter, and other needs of the children. The willingness to provide is more important than the ability, since the court can order child support.

4. The length of time the child has lived in a stable environment and the desirability of maintaining continuity and the permanence of the family unit.

5. The moral fitness and mental and physical health of the parents.

6. The child’s home, school, and community record.

7. The child’s performance, if the child is mature enough to express a preference.

8. Evidence of domestic violence or child abuse or evidence that a party has made false accusations of domestic violence.