How Do Florida Courts Determine Parenting Time After Divorce?

Divorce is a challenging time, particularly for children. The courts understand this and seek to install arrangements that are in the best interests of the children. In fact, the law requires the courts to make decisions that are in the best interests of the children at all times. The courts presume that having both parents play an active role in the child’s life is in the best interests of the children.

In fact, since July 1, 2023, Florida Statutes 61.13 sets a presumption that 50-50 time-sharing is in the best interests of the children unless compelling evidence shows otherwise. In other words, the courts default on the notion that an even split between the households is in the child’s best interests. In order to overcome that presumption, you must submit compelling evidence to the court.

When determining parenting time, Florida courts will consider a number of relevant factors. Below, we’ve included a list of some of the most important factors that the courts will consider.

• The child’s age and development needs – The courts will likely order more frequent but shorter stays with each parent for younger children. For older children, extended stays may be appropriate. The court will consider the child’s emotional maturity, ability to adapt to changes, and their specific needs in terms of school, extracurricular activities, and health care.

• The parents’ living situations – The courts will consider the proximity of each parent’s home to the child’s school and social network. The courts are interested in disrupting the routine of the child as little as possible to maintain continuity. Courts, however, are also forced to consider the stability of each parent’s home environment.

• The parents’ work schedules and availability – The courts will evaluate the parents’ work schedules and availability to ensure they have enough time to spend with the child. In most cases, visitation schedules will revolve around the parents’ work schedules.

• The parents’ history of parenting – Each parent will have formed a bond with the child in their own way. The court will investigate each parent’s past involvement in the child’s life. This includes elements such as discipline, emotional support, and participation in daily routines.

• The child’s relationship with each parent – Judges are required to assess the quality of the existing bond between the child and each parent. The court can even consider the child’s expressed preferences when it comes to living arrangements. The courts will give more weight to the preferences of older children than younger ones. The child must be mature enough to make a reasonable choice on the matter.

• Any history of domestic violence or abuse – Allegations of abuse and domestic violence are taken very seriously. Anything that can endanger the child’s safety will be considered when the courts make a time-sharing agreement.

Talk to an Orlando Family Law Attorney Today 

Greater Orlando Family Law represents the interests of those seeking divorce in Florida. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing key elements of your divorce including equitable distribution of the marital estate, alimony, child custody, and child support.