When parents face a time-sharing dispute, whether in the context of divorce or a custody modification, Florida courts carefully consider what arrangement best serves the child’s interests. Understanding what shapes a court’s decisions is essential to plan for a favorable outcome. As a divorce and family law attorney, Attorney Adriane Isenberg guides clients through the process of establishing or modifying time-sharing plans and visitation schedules under Florida family law.
To better understand how courts arrive at these decisions, let us take a closer look at the key factors judges use to evaluate time-sharing and visitation matters.
1. The Best Interests of the Child Are Paramount
Every decision about Florida time-sharing and visitation must begin and end with the child’s best interests, as codified in Florida Statutes section § 61.13(2)(c) and (3). Courts weigh all relevant factors to determine what arrangement promotes the child’s physical, emotional, educational, and developmental well-being.
2. Equal Time-Sharing is the Starting Point
Florida now presumes that an equal (50/50) time-sharing schedule is in the minor child’s best interests, unless a parent can rebut that presumption by a preponderance of evidence. This reflects a modern understanding that children benefit from strong involvement by both parents. However, if evidence shows that equal sharing would be harmful or impractical, courts will tailor an alternative that better serves the child.
3. Capacity and Disposition of Each Parent
A core factor in a Florida time-sharing plan is each parent’s demonstrated ability and willingness to encourage and facilitate a close and continuing parent-child relationship, honor schedules, and adapt reasonably when changes are necessary. This includes maintaining consistency in keeping scheduled times, cooperating with the other parent, and respecting the child’s relationship with the co-parent. An aggressive family law attorney will help you articulate evidence of reliability and cooperation.
4. The Division of Parental Responsibilities
Courts examine how parents intend to share key responsibilities—education, health care, discipline, transportation,and extracurricular activities—after the final judgment, and the extent to which tasks will be delegated to third parties. Courts seek feasible plans and clarity regarding who will handle issues like school pickups, medical appointments, and major decisions.
5. Stability, Continuity, and Geographic Reasonableness
The child’s sense of stability and continuity is significant. Courts consider the child’s home, school, friends, and community involvement, as well as how any change in time-sharing may impact their routine or schooling. Special attention is given to geographic feasibility: proposed schedules must be reasonable in light of travel distances, school locations, and the locations of parents’ residences. Uprooting a child from a stable school or neighborhood may work against a proposed change in time-sharing unless there is a clear benefit.
6. Mental, Physical, and Moral Fitness
Courts carefully assess each parent’s mental and physical health, as well as moral fitness, including any substance abuse issues, criminal record, or domestic violence history. If a parent has been convicted of certain offenses involving minors, a rebuttable presumption arises against granting time-sharing. That presumption can only be overcome where the court finds, in writing, that the parent poses no significant risk and that time-sharing is still in the best interests of the child.
7. Reasonable Preference of the Child
If the child demonstrates sufficient maturity, intelligence, and understanding, their preference may be considered—but it is only one factor among many. Judges do not rely solely on a child’s wish and weigh it in context with all other best-interests factors.
8. History of Caregiving
Courts give weight to the history of caregiving roles, including who handled school runs, doctor visits, homework help, and daily routines. Long-standing involvement strengthens a parent’s position when proposing a time-sharing schedule or defending against modification.
9. Collaborative Family Law Practice
A parent’s willingness to engage in collaborative practice to resolve their differences amicably reflects positively in court. Those who are unable or unwilling to cooperate may face adversarial proceedings and potentially a court-imposed plan that may be less favorable to them.
Attorney Adriane M Isenberg has been trained and certified in Collaborative Family Law practice since 2008. She has helped many clients negotiate a plan without costly litigation.
10. Modifications Require Material Change and Continued Best Interest
If a parent requests a modification to an existing parenting plan or time-sharing schedule, Florida law requires proof of a substantial, material, and unanticipated change in circumstances, and a demonstration that the new arrangement serves the child’s best interests. Common triggers include parental relocation, a significant change in work schedule, or the child’s changing needs.
11. Remedies for Noncompliance
When a parent refuses to follow the existing time-sharing schedule without proper cause, courts may provide make-up time, require parenting courses, shift court costs or fees, order community service, or modify the plan as needed. Courts take compliance seriously and often impose sanctions under Florida family law.
You Need a Strong, Experienced Florida Family Law Attorney
An aggressive family law attorney will help ensure your rights are protected in all family law matters, whether you need a divorce attorney, a modification attorney, or a child custody lawyer.
Key tasks include:
- Presenting your caregiving history and reliability
- Addressing mental or physical health concerns proactively
- Demonstrating geographic feasibility and schedule logistics
- Facilitating agreements through collaborative law practice
- Challenging negative presumptions or allegations
- Structuring a time-sharing and visitation plan that supports stability, cooperation, and your child’s best interests
Bringing it All Together with a Gainesville Family Law Attorney
First and foremost, Florida courts approach time-sharing and visitation hearings with the best interests of the child in mind. Factors such as the equal time-sharing presumption, parental capacity, stability, moral and physical fitness, child preference, and cooperation all shape the final outcomes. At the Law Office of Adriane M. Isenberg, P.A., we understand the statutory factors and can craft a strong case for a workable, child-friendly time-sharing and visitation schedule. Together, we can develop a parenting plan that aligns with Florida law and protects what matters most: your child’s welfare.
If you are facing a Florida child custody or visitation issue in North Central Florida, contact our knowledgeable Gainesville family law attorney at (352) 331-4922 or complete our online form to schedule a consultation. Attorney Isenberg can guide you through collaborative practice or court proceedings. We represent clients in Alachua, Gilchrist, Levy, Baker, Bradford, Union, Marion, Clay, Putnam, and Columbia Counties, Florida.