Timesharing / Child Custody / Relocation

Sarasota “Child Custody” Attorney

In the State of Florida, each parent is deemed a “natural guardian” of a child, and has the right to make decisions as well spend time with his or her biological or adopted children. Florida law no longer uses the term “child custudy” and, instead, refers to “timesharing” when addressing the issue of who the children will be spending time with.

As of July 1, 2023, there is a presumption that the parents will have equal timesharing with their children. If there is to be unequal timesharing, one will have to put on evidence of the various factors set forth in the timesharing statute and establish that such is in the best interests of the minor children.

There are four distinct forms of parenting plans available to parents with minor children in the 12th Judicial Circuit: the basic parenting plan, a safety-focused parenting plan, a long-distance parenting plan, and a highly-structured parenting plan. Which parenting plan form you use is a matter that should be carefully decided. If parents are able to work together amicably, they may be able to agree upon the terms of a basic parenting plan. However, if the parents are highly conflicted or there are safety or substance abuse issues, the parents may choose, or be ordered by the court to utilize, the highly-structured or safety-focused parenting plan.

You or the other parent may wish to relocate with the children, in which case, you should discuss with Ms. Loftus about if and/or when this will be possible. There are certain limitations about when and where a parent may move to after he or she has resided with the children at a particular location. Ms. Loftus’ extensive experience and realistic approach will be helpful in determining which parenting plan would become the best available choice.