Florida law generally presumes that equal time-sharing between parents is in a child’s best interest. But as any parent going through a divorce knows, life is rarely that simple. At Hoffman, Larin & Agnetti, we understand that every family is unique. That’s why we’re here to shed light on when Florida courts might deviate from the 50/50 time-sharing model.
What Does “Best Interest of the Child” Really Mean?
While equal time-sharing is the starting point, the ultimate deciding factor is always the child’s best interest. Florida courts consider a wide range of factors, including:
- The child’s age and developmental stage: A toddler’s needs differ vastly from a teenager’s.
- Each parent’s ability to provide a stable and nurturing environment: This includes factors like housing, financial stability, and emotional support.
- The child’s relationship with each parent: The court aims to preserve and strengthen existing bonds.
- The mental and physical health of both parents and the child: Any history of substance abuse, domestic violence, or mental health issues will be carefully considered.
- The child’s wishes (when age-appropriate): Older children may have a say in their time-sharing arrangement.
Exceptions to the Rule: When 50/50 Might Not Be Best
Here are some situations where a Florida court might order a time-sharing arrangement that’s not perfectly split:
- Domestic Violence: A history of domestic violence can significantly impact time-sharing, with the court prioritizing the child’s safety.
- Substance Abuse: If a parent struggles with substance abuse, the court may order supervised visitation or limit overnight stays.
- Mental Health Concerns: If a parent’s mental health poses a risk to the child, the court may adjust the time-sharing plan accordingly.
- Parental Relocation: If one parent wants to move a significant distance away, the court will carefully consider the impact on the child and may modify the time-sharing arrangement.
- The Child’s Needs: A child with special needs may require a time-sharing plan that accommodates their specific requirements.
Navigating Your Unique Situation
If you’re facing a divorce or custody dispute in Florida, having experienced legal counsel by your side is crucial. At Hoffman, Larin & Agnetti, we’ll fight tirelessly to protect your rights and your child’s best interests. Contact us today for a consultation. We’re here to help you navigate the complexities of Florida family law and achieve the best possible outcome for your family.
