When it comes to divorce or separation, one of the most emotionally charged and misunderstood aspects is child custody and time-sharing. Many parents entering the legal process in Florida have preconceived notions about how custody is decided and what time-sharing means. This confusion is understandable—family law can be complex, and there are plenty of myths out there that can create unnecessary anxiety. At Hoffman, Larin & Agnetti, we want to clear up these misconceptions and provide you with a clearer understanding of what to expect in a Florida court regarding your children.
Myth #1: “Mothers Always Get Custody in Florida”
The Reality: Florida law does not favor one parent over the other based on gender. Courts are guided by the “best interests of the child.” This means that the court evaluates numerous factors, including the ability of each parent to provide a stable environment, the moral fitness of the parents, the physical and mental health of the parents, the child’s home, school, and community history, and the child’s preference if they are of sufficient age and maturity. Both mothers and fathers have equal opportunity to obtain child custody.
Myth #2: “The Parent Who Earns More Will Get Custody”
The Reality: While a parent’s financial situation is considered, it is not the determining factor in custody decisions. Courts are primarily concerned with ensuring the child has a safe, stable, and supportive environment. The higher-earning parent may be required to provide child support, but this does not automatically translate to more time-sharing or decision-making authority. Regardless of income level, the focus remains on which parent can best meet the child’s needs.
Myth #3: “Time-Sharing Always Means Equal 50/50 Custody”
The Reality: As of July 1, 2023, Florida law presumes that a 50/50 division of parenting time is in the best interests of a child. This means that unless there is compelling evidence to the contrary, the court will begin with the assumption that both parents should have an equal time-sharing arrangement. This presumption applies to all pending cases in which a final time-sharing order has not been entered yet.
However, it’s essential to understand that a 50/50 split is not a guarantee. If one parent can provide evidence that equal time-sharing is not in the child’s best interests or could be detrimental to the child, the court may decide on a different arrangement. To learn what factors go into modifying a 50/50 agreement, click here.
While you will start with a 50/50 plan, the arrangement can be adjusted based on each case’s unique circumstances. Parents should be prepared to provide evidence supporting their position if they believe an alternative arrangement would better serve their child’s needs.
Myth #4: “Child Support and Time-Sharing Are the Same Thing”
The Reality: Child support and time-sharing are two distinct concepts. Child support is a financial obligation determined by a formula that considers both parents’ incomes, the child’s needs, and the amount of time the child spends with each parent. On the other hand, time-sharing is about the physical custody and the schedule for when the child will be with each parent. Some parents mistakenly believe that having a 50/50 time-sharing arrangement eliminates the need for child support, but this is not always the case. Child support is still calculated based on the financial situation of both parents to ensure the child’s well-being is fully supported.
Myth #5: “The Court Doesn’t Consider the Child’s Wishes”
The Reality: In Florida, if a child is mature enough and able to express a well-reasoned preference, the court may consider their wishes. However, this is just one factor among many that the court reviews. The child’s best interests remain paramount, and while their preference can influence the decision, it is not the sole factor. Courts are careful to ensure that the child’s preference is not the result of manipulation or pressure from either parent.
Myth #6: “You Don’t Need a Parenting Plan If You Agree on Custody”
The Reality: Even if both parents initially agree on custody and time-sharing arrangements, Florida law requires a detailed parenting plan to be submitted to the court. This plan covers many issues, including how parents handle holidays, school breaks, medical decisions, and other critical aspects of the child’s upbringing. The plan helps prevent future conflicts and ensures both parents have a clear, legally binding framework.
Clarifying Custody, Time-Sharing, and Child Support in Florida
Navigating the complexities of child custody, time-sharing, and support in Florida can be overwhelming, especially with many misconceptions. Understanding how Florida courts make these critical decisions can reduce stress and help parents focus on what matters most—the well-being of their children.
At Hoffman, Larin & Agnetti, we have guided Florida families through these challenging processes for over 40 years. Many of our clients have been with us for decades, and their children are now coming to us with their families. Why? Because we know that we don’t just handle ‘cases’—we represent people, their families, and their futures. Our experienced attorneys are here to develop the best strategy to achieve favorable outcomes for you and your loved ones.
Contact Us Today for a Free Consultation
We are available 24/7 to assist you with your family law needs. Call us at 305-653-5555, text us at 305-653-1515, email us at [email protected], or fill out the form on this page, and one of our attorneys will get back to you promptly.
Hoffman, Larin & Agnetti. Because Experience and Results Matter.
