How Florida Courts Determine Parenting Time After Divorce

Divorce can be a difficult and emotionally charged experience for everyone involved, especially children. One of the most crucial aspects to navigate during this process is determining parenting time, formerly known as visitation. In Florida, courts prioritize the child’s best interests above all else when establishing parenting plans. This means a judge will meticulously examine various factors to ensure a fair and healthy arrangement for the child.

Florida law now emphasizes shared parental responsibility. This means the court generally favors parenting plans that allow both parents significant time with their children. In fact, for cases filed since July 1, 2023, Florida Statutes 61.13 sets a presumption for the court to award 50-50 time-sharing unless compelling evidence shows this would not be in the child’s best interests. The underlying public policy is that a strong and consistent relationship with both parents is beneficial for the child’s development. 

When determining parenting time, a Florida court will consider a multitude of factors. Here are some of the most significant:

• The child’s age and developmental needs — Younger children often require more frequent and shorter periods with each parent, while older children might benefit from extended stays. The court will consider the child’s emotional maturity, ability to adapt to changes, and specific needs regarding schooling, extracurricular activities, and healthcare.
• The parents’ living situations — The proximity of each parent’s residence to the child’s school and existing social network plays a significant role. Courts will also consider the stability and quality of each parent’s home environment.
• The parents’ work schedules and availability — The court will evaluate each parent’s work commitments and flexibility to ensure they can dedicate sufficient time to the child.
• The parents’ history of parenting — The court will examine each parent’s past involvement in the child’s life, including aspects like discipline, emotional support, and participation in daily routines.
• The child’s relationship with each parent — The court may consider the child’s expressed preferences, although these hold less weight in younger children. However, the judge will assess the quality of the existing bond between each parent and the child.
• Any history of domestic violence or abuse — If there is evidence of domestic violence or any situation that could endanger the child’s safety, the court will prioritize the child’s well-being and restrict or deny parenting time with the abusive parent.

While the court has ultimate authority over the parenting time granted, parents are encouraged to work together and create a parenting plan that addresses the child’s specific needs. An experienced Florida child custody attorney can be of great help in forging a parenting plan that benefits everyone involved.

Divorce can be overwhelming, and working out parenting time can be complex. If you have minor children and you’re in the midst of a divorce in Florida, the Law Offices of Lawrence S. Katz, P.A. can explain your options for parenting time and protect your rights while protecting your children’s welfare. Call us at 305-670-8656 or contact us online to arrange a consultation at our Miami office.