Miami Child Custody Attorney | Timesharing and Parental Responsibility
When parents in Miami-Dade County ask about child custody, they are asking about what Florida law calls timesharing and parental responsibility. Florida eliminated the terms “custody” and “visitation” from its family law statutes and replaced them with a framework built around two distinct legal concepts: timesharing, which governs the schedule of time each parent spends with the minor children, and parental responsibility, which governs each parent’s authority to make major decisions affecting the children’s welfare. Both concepts are addressed in a court-ordered parenting plan that is required in every Florida family law proceeding involving minor children, whether the parents were married or not. The Law Firm of Jeffrey Alan Aenlle, PLLC represents parents throughout Miami-Dade County in all timesharing and parental responsibility matters before the Eleventh Judicial Circuit Family Division.
Whether you are going through a dissolution of marriage, establishing a parenting plan for the first time in a paternity proceeding, or seeking to modify an existing timesharing order, the decisions made in these proceedings will shape your relationship with your children for years to come. Florida courts evaluate every timesharing and parental responsibility determination under the best interests of the child standard set forth in Fla. Stat. § 61.13(3), applying a detailed list of statutory factors that address each parent’s ability to facilitate a close and continuing relationship between the children and the other parent, the demonstrated capacity of each parent to meet the children’s developmental needs, the geographic feasibility of the proposed timesharing plan, and the moral fitness, mental and physical health, and home stability of each parent, among other considerations.
Florida Parenting Plans and Timesharing Schedules
Under Fla. Stat. § 61.13, a parenting plan is required in every Florida family law case involving minor children. The parenting plan is a written document that must describe in detail the parental responsibilities each parent will assume on a day-to-day basis, the timesharing schedule specifying the dates and times the children will be with each parent, and the allocation of responsibility for the children’s healthcare, education, and extracurricular activities. The parenting plan must also address the means and methods by which each parent will communicate with the children during the other parent’s timesharing period, including the use of telephone, video calls, and electronic communication under Fla. Stat. § 61.13(2)(b)(3).
Parenting plans may be developed by agreement of the parties and submitted to the court for approval, or they may be established by the court following a contested evidentiary hearing if the parties cannot reach an agreement. Florida courts strongly prefer that parents resolve timesharing disputes through agreement, and mediation is required in most contested timesharing proceedings in Miami-Dade County before the matter may be set for an evidentiary hearing. A well-crafted parenting plan addresses not only the routine weekly timesharing schedule but also the holiday and school break schedule, the protocol for handling schedule changes, the procedures for decision-making when parents disagree on major issues affecting the children, and the conditions under which either parent may relocate with the children.
Shared and Sole Parental Responsibility in Florida
Parental responsibility in Florida refers to each parent’s right and obligation to participate in the major decisions affecting the minor children’s lives, including decisions about education, healthcare, religious upbringing, and extracurricular activities. Under Fla. Stat. § 61.13(2)(c), Florida courts are required to order shared parental responsibility in the vast majority of cases, meaning that both parents retain full parental rights and are required to confer and jointly make major decisions affecting the welfare of the children. Florida law establishes a presumption in favor of shared parental responsibility based on the Legislature’s determination that children generally benefit from maintaining a close and continuing relationship with both parents following the dissolution of the family unit.
Sole parental responsibility, meaning the exclusive authority of one parent to make major decisions without the input or consent of the other, is reserved for circumstances in which shared parental responsibility would be detrimental to the children. Courts consider factors including a history of domestic violence, substance abuse, or other conduct that would undermine the children’s safety or wellbeing when evaluating whether sole parental responsibility is warranted. Even where sole parental responsibility is awarded to one parent, the other parent typically retains timesharing rights unless the court finds that contact with that parent is contrary to the best interests of the children. Parental responsibility and timesharing are separate determinations, and the outcome of one does not automatically dictate the outcome of the other.
The Best Interests of the Child Standard in Florida
Every timesharing and parental responsibility determination in Florida is governed by the best interests of the child standard established in Fla. Stat. § 61.13(3). The statute enumerates twenty factors that the court must consider in evaluating the best interests of the children, and no single factor is dispositive. The factors include each parent’s demonstrated capacity and willingness to facilitate and support a close and continuing parent-child relationship between the children and the other parent, the anticipated division of parental responsibilities after the litigation, the demonstrated capacity of each parent to determine, consider, and act upon the needs of the children, the length of time the children have lived in a stable and satisfactory environment, the geographic viability of the parenting plan, the mental and physical health of the parents, any evidence of domestic violence or sexual violence, and the reasonable preference of the children when they are of sufficient age and understanding to express a preference.
In Miami-Dade County, the Eleventh Judicial Circuit Family Division judges conduct thorough evidentiary hearings in contested timesharing proceedings and apply the statutory best interests factors to the specific facts presented by the parties. The outcome of a contested timesharing hearing depends heavily on the quality of the evidence presented, the credibility of the parties and their witnesses, and the ability of each party’s attorney to frame the statutory factors in a light that supports the timesharing arrangement sought. Where the parties’ circumstances are complex, including situations involving relocation, international ties, allegations of domestic violence, substance abuse concerns, or significant disparities in each parent’s involvement in the children’s lives prior to the proceedings, the litigation of a contested timesharing matter requires careful strategic preparation and experienced representation.
Modification of Timesharing and Parenting Plans in Florida
Once a parenting plan and timesharing schedule are established by court order, either party may seek to modify the arrangement by filing a supplemental petition for modification with the Eleventh Judicial Circuit Family Division. Under Fla. Stat. § 61.13(3), a modification of an existing parenting plan requires the petitioning party to demonstrate that there has been a substantial, material, and unanticipated change in circumstances since the entry of the existing order and that the proposed modification is in the best interests of the children. The substantial change standard is an intentionally high threshold designed to promote stability and continuity in the children’s living arrangements and to discourage the use of modification proceedings as a tool for relitigating issues that were already resolved.
Common grounds for timesharing modification in Miami-Dade County proceedings include a significant change in one parent’s work schedule or geographic location, the children’s adjustment to a new school or community, a material change in either parent’s ability to meet the children’s needs, or documented evidence of conduct by one parent that is inconsistent with the best interests of the children. In Miami-Dade County proceedings involving a parent who seeks to relocate with the minor children to a location more than fifty miles from the principal residence, the separate relocation framework established by Fla. Stat. § 61.13001 governs the proceeding and imposes specific procedural and evidentiary requirements on the relocating parent before the relocation may be permitted by the court.
Timesharing Attorney Serving Miami-Dade County
The Law Firm of Jeffrey Alan Aenlle, PLLC represents parents in all phases of timesharing and parental responsibility proceedings before the Eleventh Judicial Circuit Family Division, including initial parenting plan negotiations and drafting, contested evidentiary hearings, post-judgment modification and enforcement proceedings, and relocation matters under Fla. Stat. § 61.13001. Attorney Jeffrey Alan Aenlle has practiced Florida family law exclusively since his admission to the Florida Bar in 2011 and represents clients throughout Miami-Dade County, including Brickell, Coral Gables, Coconut Grove, Miami Beach, Aventura, Kendall, Doral, Hialeah, and the surrounding communities.
If you have questions about timesharing, parental responsibility, or any other child-related issue in a Florida family law proceeding, contact the Law Firm of Jeffrey Alan Aenlle, PLLC at +1 (786) 309-8588 to schedule a free consult.
What is timesharing in Florida?
Timesharing is the Florida legal term for what is commonly referred to as child custody. Under Fla. Stat. § 61.13, timesharing refers to the schedule of dates and times that each parent will spend with the minor children as established in a court-ordered parenting plan. Florida eliminated the term “custody” from its family law statutes and replaced it with the timesharing framework, which focuses on each parent’s time with the children rather than the concept of one parent having primary “custody” over the other.
What is parental responsibility in Florida?
Parental responsibility in Florida refers to each parent’s authority to participate in making major decisions affecting the minor children’s welfare, including decisions about education, healthcare, religious upbringing, and extracurricular activities. Under Fla. Stat. § 61.13(2)(c), Florida courts presume that shared parental responsibility is in the best interests of the children in the vast majority of cases. Sole parental responsibility is reserved for situations where shared parental responsibility would be detrimental to the children.
Is a parenting plan required in Florida?
Yes. Under Fla. Stat. § 61.13, a parenting plan is required in every Florida family law proceeding involving minor children, including dissolution of marriage proceedings and paternity actions. The parenting plan must address the timesharing schedule, the allocation of parental responsibilities, healthcare and education decision-making, and the means and methods of communication between each parent and the children during the other parent’s timesharing period.
How does a Florida court decide timesharing?
Florida courts determine timesharing under the best interests of the child standard established by Fla. Stat. § 61.13(3), which requires the court to evaluate twenty statutory factors including each parent’s demonstrated capacity to facilitate the children’s relationship with the other parent, the geographic viability of the proposed timesharing schedule, each parent’s mental and physical health, any history of domestic violence, and the reasonable preference of the children if they are of sufficient maturity to express one. No single factor is controlling, and the court weighs all relevant factors based on the evidence presented at the hearing.
Can a timesharing order be modified in Florida?
Yes. A timesharing order may be modified by filing a supplemental petition for modification with the court. Under Fla. Stat. § 61.13(3), modification requires proof of a substantial, material, and unanticipated change in circumstances since the entry of the existing order and a showing that the proposed modification is in the best interests of the children. The substantial change threshold is intentionally high to promote stability in the children’s living arrangements.
What happens if a parent violates a timesharing order in Florida?
A parent who violates a court-ordered timesharing schedule in Florida may be held in contempt of court under Fla. Stat. § 61.13(4). Remedies for a timesharing violation include makeup timesharing, civil contempt sanctions, modification of the parenting plan, and in egregious cases, a change in the primary timesharing arrangement. A parent who wrongfully denies the other parent their court-ordered timesharing is acting contrary to the best interests of the children, which is a factor the court may consider in a subsequent modification proceeding.
Do I need an attorney for a timesharing dispute in Miami?
Florida does not require you to have an attorney in a timesharing proceeding, but the stakes in contested timesharing matters are significant and the legal framework is complex. The twenty best interests factors under Fla. Stat. § 61.13(3), the evidentiary requirements for modification proceedings, and the separate procedural framework for relocation disputes under Fla. Stat. § 61.13001 all require careful navigation. An experienced Miami timesharing attorney ensures that your position is supported by the evidence and legal arguments necessary to present your case effectively before the Eleventh Judicial Circuit Family Division.