50/50 Is Not Guaranteed

Clients often have the belief that they will receive at least 50 percent of the overnights when it comes to timesharing. 

This presumption is not true. Many factors come into play when coming up with a reasonable and logical timesharing schedule. Florida's public policy is that both parents have frequent and continuing contact with their child.

The statute lists 19 factors that the court considers when fashioning a parenting plan schedule. For example, one factor is if the parent has the ability and willingness to facilitate and encourage a close and continuing parent-child relationship, honor the timesharing schedule, and be reasonable when changes are necessary. (Fla. Stat. 61.13(3)(a)) Yes, the court looks at how well you are going to get along with your soon-to-be ex. Another factor looks at a parent's moral fitness. (Fla. Stat. 61.13(3)(d)) And, the 20th factor allows the court to consider any other factor that is relevant.

When our firm drafts a timesharing schedule, we'll also look at what schedule provides the children with the most consistency given their needs and ages. Also, relevant facts include which parent best facilitates certain activities and if work schedules will accommodate the timesharing schedule. There are many more considerations we make given the case facts, personalities involved, and the best interests of the children involved.