Miami Child Custody Attorney | Parental Responsibility & Timesharing

Florida does not use the term “child custody” in its family law statutes. Instead, Florida law governs two distinct but related concepts: parental responsibility (the right and obligation to make major decisions affecting a child’s life) and timesharing (the schedule setting out when each parent is physically present with the child). Both are addressed in a mandatory legal document called a Parenting Plan, governed by Fla. Stat. § 61.13.

At the Law Firm of Jeffrey Alan Aenlle, PLLC, we represent parents on both sides of parental responsibility and timesharing disputes throughout Miami-Dade County. Whether you are going through a divorce, separating from an unmarried co-parent, or seeking to modify an existing parenting plan, we provide strategic, experienced representation focused on protecting your relationship with your child.

Florida’s Equal Timesharing Presumption: What Changed in 2023

Effective July 1, 2023, Florida law was amended to establish a rebuttable presumption that equal timesharing, a 50/50 schedule, is in the best interests of the child. Fla. Stat. § 61.13(2)(c)(1). This was one of the most significant changes to Florida family law in decades.

Under the current law, a court must begin its analysis from the position that equal timesharing is appropriate. A parent seeking a different arrangement bears the burden of presenting competent, substantial evidence that an unequal schedule better serves the child’s best interests. This shift has meaningful consequences for both parents – particularly fathers who were historically disadvantaged in custody proceedings.

Important: The equal timesharing presumption does not apply automatically. Courts still evaluate all relevant statutory factors and will deviate from equal timesharing when the evidence supports it – including in cases involving domestic violence, substance abuse, parental alienation, or other circumstances affecting the child’s welfare.

Parental Responsibility in Florida

Parental responsibility refers to each parent’s authority to participate in major decisions affecting the child, including decisions about education, healthcare, religious upbringing, and extracurricular activities.

Florida law strongly favors shared parental responsibility, meaning both parents retain full parental rights and responsibilities and must confer with each other before making major decisions affecting the child. Fla. Stat. § 61.13(2)(c). Sole parental responsibility – where one parent holds exclusive decision-making authority – is reserved for cases where shared responsibility would be detrimental to the child.

In high-conflict cases, courts may award ultimate decision-making authority to one parent over specific categories of decisions, such as education or healthcare, while otherwise maintaining shared parental responsibility. This hybrid arrangement is an important tool in Miami-Dade Family Court when parents cannot effectively co-parent.

Jurisdictional Requirements: The UCCJEA

Florida courts have jurisdiction to make an initial child custody determination under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). A Florida court may exercise jurisdiction if: (1) Florida is the child’s “home state” at the time of the commencement of the custody proceeding, or was the home state within six months before the proceeding, provided a parent continues to reside in Florida; or (2) no other state has jurisdiction, or a court of another state has declined jurisdiction on the grounds that Florida is the more appropriate forum. Fla. Stat. § 61.514; Awad v. Noufal, 280 So. 3d 522 (Fla. 3d DCA 2019); Chatani v. Blaze, 346 So. 3d 670 (Fla. 3d DCA 2022).

The term “home state” means the state where the child lived with a parent for at least six consecutive months immediately before the commencement of the custody proceeding. Temporary absences are included in this calculation. Awad v. Noufal, 280 So. 3d 522 (Fla. 3d DCA 2019).

Once a Florida court has made an initial custody determination, it retains exclusive, continuing jurisdiction until either the child and parents no longer have a significant connection with Florida and substantial evidence is no longer available here, or the child and all parties no longer reside in Florida. Litsch v. Litsch, 372 So. 3d 315 (Fla. 3d DCA 2023); Steckler v. Steckler, 921 So. 2d 740 (Fla. 4th DCA 2006).

Florida Parenting Plans: What Must Be Included

A Parenting Plan is required in every Florida case involving minor children, whether the parents are divorcing or were never married. Fla. Stat. § 61.046. At minimum, every Florida Parenting Plan must address:

• The daily tasks of raising the child and which parent is responsible for each
• The timesharing schedule, including regular weekly time, holidays, school breaks, and vacations
• Designated locations for custody exchanges
• Healthcare decision-making authority and health insurance coverage
• School enrollment and educational decision-making
• Methods of communication between the child and each parent, including use of technology
• How the parents will communicate with each other about the child

A well-drafted Parenting Plan anticipates conflict before it arises. Vague or incomplete plans become the source of future litigation. Our firm drafts comprehensive, enforceable Parenting Plans that protect your rights and minimize future disputes.

The Best Interests of the Child Standard

Florida law requires that all matters relating to parenting plans and timesharing schedules be determined in accordance with the best interests of the child. Fla. Stat. § 61.13; Schwieterman v. Schwieterman, 114 So. 3d 984 (Fla. 2d DCA 2012). While the court is not required to address each statutory factor independently, it must make findings on the record or in the written order that the timesharing schedule is in the child’s best interests. Winters v. Brown, 51 So. 3d 656 (Fla. 4th DCA 2011).

The 20 statutory factors courts evaluate under Fla. Stat. § 61.13(3) include:

• Each parent’s demonstrated capacity to encourage a close and continuing relationship between the child and the other parent
• The anticipated division of parental responsibilities after litigation
• Each parent’s capacity to determine and act on the needs of the child
• The length of time the child has lived in a stable environment and the desirability of maintaining continuity
• The geographic viability of the Parenting Plan
• The moral fitness and mental and physical health of each parent
• The child’s home, school, and community record
• The child’s reasonable preference, if the court determines the child has sufficient intelligence and understanding
• Each parent’s demonstrated knowledge of the child’s friends, teachers, medical providers, and daily activities
• Each parent’s capacity to provide a consistent routine for the child
• Evidence of domestic violence, child abuse, child abandonment, or child neglect
• Evidence of substance abuse by either parent
• Any other factor relevant to the determination of a specific Parenting Plan

Modification of Parenting Plans

An existing Parenting Plan can be modified when a parent demonstrates a substantial, material, and unanticipated change in circumstances since the entry of the last order, and that modification is in the best interests of the child. Fla. Stat. § 61.13(3); Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005).

Florida courts are reluctant to modify custody arrangements without clear evidence of a substantial change, as stability is a key consideration in all custody matters. Common grounds for modification in Miami include a parent’s relocation, a significant change in the child’s needs, evidence of substance abuse or domestic violence, or demonstrated parental alienation. An experienced family law attorney can evaluate whether the facts of your situation meet the legal threshold before you invest in modification proceedings.

Child Relocation and Timesharing

If a parent seeks to relocate with a child more than 50 miles from the child’s primary residence, Florida’s relocation statute imposes strict procedural requirements. Fla. Stat. § 61.13001. The relocating parent must either obtain the written consent of the other parent or petition the court for approval – which requires a showing that relocation is in the child’s best interests. Our firm represents both relocating and non-relocating parents in Miami-Dade relocation disputes.

Frequently Asked Questions: Florida Child Custody

Does Florida favor mothers in custody cases?

No. Florida law explicitly prohibits gender-based preferences in parenting determinations. Fla. Stat. § 61.13(2)(c)(1) establishes a presumption of equal timesharing for both parents. Courts evaluate each parent’s involvement, fitness, and relationship with the child on its individual merits.

What is the difference between parental responsibility and timesharing?

Parental responsibility governs decision-making authority over major aspects of the child’s life – education, healthcare, religion. Timesharing governs the physical schedule of when the child is with each parent. Both are addressed in the Parenting Plan.

At what age can a child choose which parent to live with in Florida?

Florida has no set age at which a child can unilaterally decide which parent to live with. A child’s preference is one of the 20 statutory best interest factors under Fla. Stat. § 61.13(3), and courts give it weight proportional to the child’s age, maturity, and understanding, but it is never the sole determining factor.

Can a parent deny timesharing if the other parent fails to pay child support?

No. Timesharing and child support are separate legal obligations under Florida law. A parent cannot withhold court-ordered timesharing due to nonpayment of child support. Both issues must be addressed through the court system independently.

What is parental alienation and how do Florida courts respond to it?

Parental alienation occurs when one parent engages in conduct designed to damage or destroy the child’s relationship with the other parent. Florida courts treat parental alienation seriously, it is a factor expressly addressed in the best interest analysis under Fla. Stat. § 61.13(3)(a) and can result in modification of the Parenting Plan, including a transfer of primary timesharing to the other parent.

How long does a custody case take in Miami-Dade?

An uncontested Parenting Plan can be approved in as little as 30 to 60 days. A contested timesharing case in Miami-Dade Family Court typically takes 6 to 18 months depending on the complexity of the issues and court availability. Cases involving guardian ad litem investigations or psychological evaluations often take longer.

Can a Parenting Plan be modified after it is entered?

Yes, but the standard is demanding. A party seeking modification must demonstrate a substantial, material, and unanticipated change in circumstances since the last order, and that modification serves the child’s best interests. Minor disagreements or temporary changes in schedule do not meet this threshold. Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005).

Representing Miami Parents in All Timesharing Matters

The Law Firm of Jeffrey Alan Aenlle, PLLC handles the full range of parental responsibility and timesharing matters in Miami-Dade County, including initial Parenting Plan drafting and negotiation, contested timesharing litigation, emergency custody motions, Parenting Plan modification proceedings, child relocation disputes, enforcement and contempt motions for Parenting Plan violations, paternity actions establishing timesharing for unmarried parents, and Miami-Dade Guardian ad Litem proceedings.

Free Child Custody Consultations

Looking for a child custody attorney in Miami, Florida? If you have questions about parental responsibility, timesharing, or Parenting Plans in Miami-Dade County, we are here to help. Call +1.786.309.8588 to schedule your free initial consultation with a Miami child custody attorney.