How does Florida address custody and time-sharing?
Hello, my name is Michael Ferrin with the law office of Anderson & Ferrin. And I’m here to talk to you today about a little bit about timesharing and custody. Those two words, actually, in the state of Florida, mean the same thing. The Legislature in the state of Florida, did away with the word custody and included the word timesharing, so that parents can understand that they’re both on equal footing when it comes to parenting. The court actually considers a multitude of factors that can actually be found in 61.13, Florida Statutes. And in that statute, it has a multitude of factors, such as, the co-parenting capabilities of each parent, the distance that the parties live from each other and the feasibility of the timesharing plan, the work schedules that the parent could work, and the work schedule that would work around the child’s school schedule. Those are all important factors that the court considers, when determining visitation. When it comes to these types of cases, a lot of times, people come and talk to us and they’re like, “Well, isn’t Florida a 50/50 state?” Well, Florida is not a 50/50 state. There is no presumption in the state of Florida with regards to 50/50 timesharing. The court has to follow the factors that are located in the statute, I previously mentioned. And it’s very, very fact based. Every single case is different. So, if you go and talk to your friend or your cousin and they say something happened in their case, it’s not necessarily gonna happen in your case. So, you gotta make sure, that you understand what you’re up against, understand the laws. And make sure you speak with an attorney that understands those, as well, so that they know what it is that you wanna do, in the case. In addition to these cases, they take a long time to finish. Sometimes, they can take, upwards to eight months to a year to complete. And you need to make sure that you get an attorney that understands the rules, understands the laws, understands what it is that you want out of the case. Because you’re gonna be with that attorney for quite a long time, to get the case resolved. So, when it comes to a timeshare and custody case, please make sure to give us a call at 407-412-7041, and we are more than happy to help you and your family with your custody or timesharing issue.