When parents in Florida divorce or separate, they need to discuss their responsibilities. What other states refer to as physical custody is time-sharing in Florida. The courts either approve arrangements proposed by parents or establish parenting plans that they believe are in the best interests of the children.
In a shared custody scenario, the family courts generally grant each parent a portion of decision-making authority and a certain amount of time-sharing. Parents are typically in the best position to know what works for their families. They can negotiate with one another to establish a time-sharing arrangement that is effective and functional.
However, the intense emotions that accompany a divorce or breakup may prevent parents from cooperating. If they must take their disagreements to family court, how does a judge typically decide the appropriate way to split time-sharing between the parents?
The focus should always be on the children
Parents arguing over their parental rights and responsibilities often become fixated on their own rights. For a family law judge, however, what matters the most is the well-being of the children. Judges consider many details when deciding how to allocate parental rights and responsibilities.
They look at the living arrangements for both parents. A parent generally needs to have safe and stable housing. They also need adequate financial resources to meet the basic needs of the children. Judges also consider the existing relationships between the parents and the children. In scenarios involving older children, the children may have an opportunity to express their preferences as well. Their maturity levels and reasoning influence how much weight the courts give their wishes.
The judge may consider documented issues related to substance abuse or domestic violence. Medical records, criminal records and police reports can sometimes influence the allocation of time-sharing. In scenarios where one parent might put the children at risk, a judge may award the other parent the vast majority of time-sharing. In most cases, however, judges try to give each parent a reasonable amount of the overall parenting time.
Parents who understand the way that the courts typically handle time-sharing disputes may be able to develop a reasonable strategy before they head to family court. Focusing on the needs of the children is typically the most effective strategy when parents must litigate custody matters.