The statute that governs time sharing under Florida law can be found in section 61.13 of the Florida Statutes. In this blog post, we’ll take a look at the statute, its role in Florida family law, and what it means for you as a parent navigating the family court system.
Understanding Florida Statute § 61.13
According to Florida Statute § 61.13, there is a presumption that equal timesharing of a minor child is in the best interests of the child. When it comes to children, the Florida courts make decisions based on what is in their best interests. So, by default, the law believes that splitting time between the parents is in the best interest of the children.
It’s important to understand that this presumption is rebuttable. That means that a parent can provide facts and evidence that the other parent should not be spending half the time with their children. To successfully challenge this presumption, the parent must demonstrate by a preponderance of the evidence (meaning it’s more likely than not) that equal time sharing is not in the best interest of the child. But the Florida courts will always assume that splitting time is in the best interest of the children.
What factors will the court consider when rebutting this presumption?
The courts will consider several arguments when deciding whether equal time sharing is or is not in the best interest of the children. This can include evidence of:
- Domestic violence
- Sexual misconduct
- Any signs of abuse, abandonment, or neglect
The Florida courts will consider any evidence that the child is not being properly cared for or that the parent poses a danger to the child. These are heavy allegations to make. However, the presumption that equal time sharing is in the best interest of the children requires solid evidence that one parent is not fit for the task.
In addition, the courts can consider other factors related to the parents’ situation. For instance, when one parent lives a sizable distance from the other parent, a 50/50 time sharing schedule may not make sense for the children.
Factors relating to custody
In the same way that the courts presume that equal time sharing is in the best interest of the children, the courts also presume that shared custody is in the best interest of the children. This means that both parents have equal decision making power over the children. That means that both parents are allowed to make decisions related to where the child goes to school, decisions related to their healthcare, and decisions related to their religious upbringing. To refute this presumption, the parent must provide evidence that shared custody is not in the child’s best interests.
Talk to a Tampa FL child custody attorney today
Westchase Law, P.A. represents the interests of parents who are looking to hammer out a custody arrangement with their former partner. Call our Tampa family lawyers today to schedule an appointment, and we could begin addressing your concerns immediately.