One of the things that every divorcing couple has to decide on is a visitation schedule. However, before that, you have to decide how much time each child will spend with each parent. The Florida courts often act on presumptions that represent the default scenario that the court favors. When someone says, “The Florida courts have a 50/50 timesharing presumption” that means that the Florida courts favor this arrangement over others. You must, in other words, convince the court that it’s worth deviating from the presumption with solid evidence.
In this article, the Tampa, FL family law attorneys at Westchase Law, P.A. will discuss the 50/50 timesharing presumption and what it means to your divorce case.
What does the 50/50 timesharing presumption really mean?
Ultimately, the 50/50 timesharing presumption acts as a guideline for family courts in Florida when determining how divorced or separated parents will divide time among their children. The notion behind the guideline is that both parents should spend an equal amount of time with their children unless there’s a legally valid reason to rule otherwise. The presumption encourages co-parenting arrangements that enable both parents to actively participate and contribute to their children’s lives.
The State of Florida adopted this approach to time sharing in 2023. The root goal was to emphasize that children benefit most from having both parents play an active role in their lives. The presumption is all about fairness to both the parents and the children. And it is assumed to be in the best interests of the children. It represents a move away from older beliefs that favor one parent over the other in custody arrangements.
Is 50/50 timesharing a rule?
Even though the courts presume that 50/50 timesharing is in the best interests of the children, it doesn’t automatically mean that you and your ex will split time with the kids in half. The guideline is there to focus the courts and to streamline the litigation process. It is not like a rule that requires the court to divide time sharing in half. 50/50 Timesharing is just the starting point.
Courts will look at a variety of factors when determining whether or not to overcome the presumption of a 50/50 timesharing agreement. The decision to deviate from the prevailing standard must be based on the best interests of the children. In other words, if it’s in the children’s best interests to deviate from a 50/50 timesharing arrangement, then the court will do so. Some factors that could sway the court against the presumption include:
- The parent’s ability to effectively communicate with their co-parent
- The needs of the children, including routines, healthcare, and schooling
- The locations of the parent’s homes
- The moral fitness and mental health of either parent
- Whether either parent has a history of domestic violence or substance abuse
Talk to a Tampa, FL Child Custody Attorney Today
Westchase Law, P.A. represents the interests of parents who are attempting to hammer out a custody arrangement in their divorce. Call our Tampa family lawyers today to schedule an appointment, and learn more about how we can help.