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Florida Time-Sharing Guide: Tips for Winter Park Parents

Florida Time-Sharing Guide: Tips for Winter Park Parents

Florida Time-Sharing Guide: Tips for Winter Park Parents

Living in Winter Park offers a beautiful backdrop for raising a family, from weekend strolls down Park Avenue to sunny afternoons near Rollins College. But when a marriage ends, the uncertainty of how you will split time with your children can cast a shadow over even the brightest days. If you’re navigating a separation, understanding Florida’s approach to time-sharing is the first step toward regaining your peace of mind.

One of the first things parents realize when they speak with a divorce attorney is that the legal landscape has changed. You might be looking for information on "custody" or "visitation," but Florida law no longer uses those terms. Instead, the courts focus on "time-sharing" and "parental responsibility." This isn't just a change in vocabulary; it is a shift in mindset designed to keep both parents actively involved in their children's lives.

What is time-sharing in Florida?

Time-sharing is exactly what it sounds like: a schedule that dictates when the child spends time with each parent. Under Florida law, public policy generally encourages frequent and continuing contact with both parents after parents separate or the marriage is dissolved.

Why does this terminology matter? Because it moves away from the idea of one parent "winning" the child. Unless there is a safety concern, courts rarely grant sole responsibility to one parent. Instead, you will likely develop a Parenting Plan that outlines the daily routine, holiday schedules, and how decisions regarding education and healthcare are made.

How does a judge determine the schedule?

If parents can't agree on a schedule, a judge will decide based on the "best interests of the child." This standard looks at the whole picture of your family life, not just who makes more money or who has the larger house.

Factors often include:

  • The demonstrated capacity of each parent to facilitate a close and continuing parent-child relationship.
  • The geographic viability of the parenting plan. For example, if one parent lives near Interlachen Country Club and the other moves to Downtown Orlando, the commute for school runs must be reasonable.
  • The mental and physical health of the parents.
  • The preference of the child, provided they are of sufficient intelligence and understanding (usually considered more heavily as the child gets older).

 

Can we create our own Parenting Plan?

Absolutely. In fact, judges prefer it when parents work together to create a schedule that fits their unique lives. No judge knows your family better than you do.

This is where finding the right family law practice in Winter Park Florida becomes essential. You need guidance to ensure your plan is detailed enough to prevent future conflicts. A solid plan covers specific days of the week, pick-up and drop-off times, and exactly how you will handle holidays like Thanksgiving or winter break.

If the thought of sitting down with your ex to negotiate feels impossible, you might consider collaborative law. This process allows you to resolve disputes in a respectful, private environment without the "warrior mentality" of traditional litigation. It is particularly helpful for maintaining a functional co-parenting relationship long after the legal paperwork is signed.

What if one parent wants to move?

Life changes quickly. You might get a job offer in another state, or perhaps you want to move closer to family. However, Florida has strict rules regarding relocation.

If a parent with time-sharing rights wants to move more than 50 miles from their current residence for at least 60 consecutive days, they must follow specific legal procedures. You can't simply pack up and leave if it impacts the other parent's time-sharing.

According to Florida Statute 61.13001, you must either obtain written consent from the other parent or file a petition with the court. Relocation cases are among the most difficult in family law because they often require a complete overhaul of the time-sharing schedule.

Common mistakes to avoid

When emotions run high, it is easy to make missteps that can hurt your case. Here are a few things to keep in mind:

  • Don't involve the children in adult issues: Venting to your child about the other parent or using them as a messenger is viewed very negatively by the courts.
  • Don't withhold time-sharing: Unless there is an immediate danger to the child, you should never deny the other parent their scheduled time just because they are late on a support payment or you’re angry with them.
  • Don't sign anything without legal advice: A parenting plan is a court order. Once it is signed and ratified by a judge, changing it requires proving a substantial change in circumstances, which is a high legal hurdle.

Getting the support you need

Navigating the legal system while trying to keep your life stable is a heavy burden. You want to ensure your children are happy and that your rights are protected. Whether you’re dealing with a straightforward agreement or a complex relocation issue, having a knowledgeable family law practice in Winter Park Florida on your side makes all the difference.

We understand that you’ren't just managing a legal case; you’re reshaping your family's future. You don't have to do it alone.

If you have questions about time-sharing or need assistance drafting a parenting plan, please contact Frank Family Law Practice at (407) 629-2208 to schedule a consultation. We are here to help you move forward with confidence.