When your child’s future is at stake, knowing the right steps to take can make all the difference. This article walks you through Florida’s time-sharing process with clarity and compassion.
What You Need to Know About Florida’s Approach to Child Custody
In Florida, the courts have moved away from traditional terms like “custody” and “visitation.” Instead, Florida family law uses the concepts of “time-sharing” and “parental responsibility” to address how parents will raise their children after separation or divorce. This shift reflects Florida’s commitment to encouraging both parents to remain actively involved in their children’s lives whenever possible.
Key Terms in Florida Family Law
Time-sharing refers to the schedule that determines when the child spends time with each parent. This replaces the concepts of “physical custody” and “visitation” used in other states.
Parental responsibility addresses who makes important decisions about the child’s welfare, including education, healthcare, religious upbringing, and other significant matters. This concept replaces what other states might call “legal custody.”
These terms aren’t just semantic differences—they represent Florida’s philosophical approach that children generally benefit from having both parents actively involved in their lives, as outlined in Florida Statutes § 61.13.
Before You File: Essential Preparation
Before initiating any legal proceedings, take time to prepare properly:
- Assess your situation honestly: Consider your work schedule, living arrangements, and ability to provide a stable environment for your child.
- Document important information: Keep records of your involvement in your child’s life, including participation in school activities, medical appointments, and day-to-day care.
- Consider attempting mediation: Florida courts generally require mediation before a final hearing in family law cases. Starting this process early can save time, money, and emotional stress.
Research parenting resources: Familiarize yourself with resources that can help you become the best parent possible during this transition period. - Gather financial information: Compile records of income, expenses, assets, and debts, as these will be important for child support determinations that accompany time-sharing decisions.
The Step-by-Step Filing Process
1. Determine the Appropriate Court
You’ll need to file in the circuit court in the Florida county where:
- The child primarily resides, or
- Both parents and the child lived before the parents separated
If this is part of a divorce, you’ll include time-sharing as part of your divorce petition. If you’re unmarried or seeking to modify an existing order, you’ll file a separate petition specifically addressing time-sharing.
2. Complete the Required Forms
Florida requires specific forms depending on your situation. The basic forms for establishing time-sharing include:
- Petition to Determine Parental Responsibility and Time-Sharing (if parents were never married)
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d))
- Notice of Social Security Number (Form 12.902(j))
- Cover Sheet for Family Court Cases (Form 12.928)
- Parenting Plan (Form 12.995(a) or Form 12.995(b) for supervised/restricted time-sharing)
These forms can be found on the Florida Courts website: https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Forms
3. File Your Forms
Take your completed forms to the clerk of the circuit court in the appropriate county. You’ll need to:
- Pay the filing fee (approximately $300, though this varies by county)
- If you cannot afford the filing fee, you can file an Application for Determination of Civil Indigent Status (Form 12.902(a))
- Request multiple copies of everything you file—you’ll need them for service and your records
4. Serve the Other Parent
The other parent must receive legal notice of your filing. This process, called “service of process,” must follow specific rules:
- You cannot personally hand the documents to the other parent
- Usually, service is performed by a sheriff’s deputy or certified process server
- The server will provide proof of service that you must file with the court
- If the other parent cannot be located, you may request alternative service methods, but these require court approval
5. Wait for a Response
After being served, the other parent has 20 days to file a written response. They may:
- Agree to your proposed parenting plan
- File an answer contesting your proposals
- File a counter-petition with their own proposed plan
- Fail to respond (which may result in a default judgment)
Creating an Effective Parenting Plan
The parenting plan is perhaps the most important document in your time-sharing case. Florida Statutes § 61.13(2)(b) requires that all time-sharing orders include a detailed parenting plan.
Required Elements of a Florida Parenting Plan
A comprehensive parenting plan must address:
- Time-sharing schedule detailing:
- Weekday and weekend schedules
- Holiday arrangements
- Summer and school break schedules
- Transportation and exchange details
- Parental responsibility allocations for:
- Education decisions
- Healthcare decisions
- Religious upbringing
- Extracurricular activities
- Communication methods including:
- How parents will communicate with each other
- How each parent can communicate with the child when with the other parent
- Methods for resolving disputes before returning to court
The court provides standard forms, but you can create a customized plan if it contains all required elements and is approved by both parents or the court.
Navigating the Court Process
Temporary Orders
While your case is pending, you may request temporary orders for time-sharing and child support. This request typically involves:
- Filing a motion for temporary relief
- Attending a hearing where both parents present their positions
- Receiving a temporary order that remains in effect until the final judgment
Court-Ordered Evaluations
In contested cases, the court may order:
- Social Investigation: A trained professional evaluates both homes and interviews relevant parties
- Guardian ad Litem: A court-appointed representative advocates for the child’s best interests
- Psychological Evaluations: Mental health professionals assess parents if psychological issues are raised
Mediation
Florida Statutes § 44.102 requires mediation in most contested family cases. During mediation:
- A neutral third party helps parents negotiate
- The process is confidential
- Agreements reached are submitted to the court for approval
- If mediation fails, the case proceeds to trial
Final Hearing
If you cannot reach an agreement, your case will go to trial where:
- Each side presents evidence and witnesses
- The judge evaluates all information using the best interests standard
- The court issues a final judgment including the parenting plan
How Florida Courts Decide Time-Sharing Cases
The Best Interests Standard
Florida law requires courts to determine time-sharing based on the best interests of the child. Florida Statutes § 61.13(3) lists specific factors courts must consider, including:
- Each parent’s capacity and disposition to facilitate a continuing parent-child relationship with the other parent
- The length of time the child has lived in a stable environment and the desirability of maintaining continuity
- The geographic viability of the parenting plan
- The moral fitness of the parents
- The mental and physical health of the parents
- The home, school, and community record of the child
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience
- Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
- Evidence that either parent has provided false information to the court regarding a domestic violence proceeding
- The particular parenting tasks customarily performed by each parent
- The division of parental responsibilities after the litigation
- The capacity of each parent to determine, consider, and act upon the needs of the child
- The developmental stages and needs of the child
- The ability of each parent to be involved in the child’s school and extracurricular activities
- The communication skills of each parent and their willingness to adopt a unified front on major issues
- Evidence that a parent has intentionally misled the court to cause unnecessary delay, increase litigation costs, or interfere with the other parent’s time-sharing
- The involvement of each parent in the child’s activities
- The ability to maintain a non-conflictual relationship with the other parent
- The ability to protect the child from ongoing litigation
- The involvement of each parent in the child’s daily life
- The ability to maintain as much stability in the child’s life as possible
Addressing Special Circumstances
Relocation
If you wish to move with your child more than 50 miles from your current residence, you must follow the specific procedures outlined in Florida Statutes § 61.13001:
- Provide written notice to the other parent
- Obtain written consent or court approval before relocating
- If the other parent objects, attend a hearing where you must prove the move is in the child’s best interests
Domestic Violence Concerns
If domestic violence is an issue:
- Request a domestic violence injunction if needed for immediate protection
- Inform the court of any domestic violence history in your case filings
- The court may order supervised time-sharing or other protective measures
Substance Abuse Issues
When substance abuse affects parenting:
- Document incidents and patterns of behavior
- Request drug or alcohol testing
- The court may order monitoring, treatment compliance, or supervised time-sharing
Modifying an Existing Time-Sharing Order
Circumstances change, and sometimes time-sharing arrangements need to be modified. To change an existing order:
- Demonstrate a substantial change in circumstances that:
- Was not contemplated at the time of the original order
- Is significant, material, and involuntary
- Affects the child’s well-being
- Show that modification is in the child’s best interests
- File a Supplemental Petition for Modification of Parental Responsibility, Visitation, or Parenting Plan
The modification process follows many of the same steps as the original filing, including service of process, possible mediation, and potentially a hearing.
Key Takeaways
- Florida uses “time-sharing” and “parental responsibility” rather than traditional custody terms
- Courts make decisions based on the child’s best interests using specific factors outlined in state law
- A detailed parenting plan is required in all time-sharing cases
- Both parents are encouraged to maintain meaningful relationships with their children
- Mediation is typically required before contested hearings
- Special procedures apply to relocation, domestic violence situations, and cases involving substance abuse
- Existing orders can be modified if circumstances substantially change
Frequently Asked Questions
Who has custody of a child if there is no court order in Florida?
Without a court order, unmarried mothers have legal custody under Florida law. For married parents who separate without a court order, both technically have equal rights, but this ambiguous situation often leads to conflicts that can only be properly resolved through court-established time-sharing.
How much does it cost to file for time-sharing in Florida?
Filing fees typically range from $300-$500 depending on the county. Additional costs may include service of process fees ($40-$100), mediation fees (often on a sliding scale based on income), and attorney fees if you hire legal representation.
How long does the time-sharing process take in Florida?
Uncontested cases may be resolved in 1-3 months. Contested cases typically take 6-12 months, sometimes longer if the case is particularly complex or if court calendars are congested.
Can I represent myself in a time-sharing case?
Yes, you can represent yourself (pro se), but family law cases involve complex legal standards and procedures. Even if you cannot afford full representation, consider consulting with an attorney for guidance or limited representation for crucial aspects of your case.
What if the other parent refuses to follow the time-sharing order?
If a parent violates a time-sharing order, you can file a Motion for Enforcement or a Motion for Contempt with the court. The court may enforce the order through various means, including make-up time-sharing, financial penalties, or in severe cases, modification of the time-sharing arrangement.
Can grandparents get time-sharing rights in Florida?
Florida law on grandparent visitation rights is very limited. Courts can only grant grandparent visitation in specific circumstances, such as when both parents are deceased, missing, or in a persistent vegetative state, or when one parent meets one of these conditions and the other has been convicted of a felony.
What if I need to establish paternity first?
If paternity has not been legally established, you must first file a Petition to Establish Paternity along with your time-sharing request. The court may order genetic testing if paternity is disputed.
Contact Us for Personalized Assistance
Family law matters involving children require thoughtful consideration of legal requirements and your family’s unique needs. While this guide provides general information, your situation deserves individualized attention.
At Perez-Calhoun Law Firm, P.A., we help parents through Florida’s time-sharing process with sensitivity and strategic planning. We’ll help you create a parenting plan that protects your relationship with your child while meeting legal requirements.
Take the first step toward clarity and peace of mind. Contact our office today to schedule a free initial consultation with one of our dedicated family law attorneys. We’re here to help you secure your child’s future while respecting your rights as a parent.
