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What Are the Different Types of Custody in Florida?

Unfortunately, we now live in a society where children are raised by a single parent, divorced or separated parents, or even stepparents. While these family dynamics are now the norm and are very common, no two custody arrangements and situations are alike.

Custody in Florida
But under Florida state law, there are different types of custody arrangements that differ from one another that you should be aware of if divorce or a separation is in your future.

To read more about the different types of custody in Florida, visit here for more information from a Coral Gables family law attorney.

Florida’s Views on “Custody”

Before we can understand the different types of “custody”, the most important piece to understand is that the state of Florida doesn’t use the term custody. This means that one parent is not “granted” or awarded custody of a child over the other parent.

Rather, both parents are to adhere to a Court-appointed timesharing schedule, each identifying and outlining each parent’s responsibilities to the child(ren).

Majority Timesharing vs. Equal Timesharing

Rather than granting a parent sole or legal custody over another, the state of Florida uses “majority timesharing” and “equal timesharing”. This takes the place of “sole” custody versus “joint” custody. This also means that one parent might have the child(ren) the majority of the time or both parents each share the child(ren) 50/50.

Even in the timesharing agreements where both parents share the child(ren) 50/50, and are equally responsible for the child(ren)’s best interests, care, activities, and routines, the Court may require that both parents also still pay child support to each other.

You can read more about the timesharing responsibilities in the state of Florida here.

What are the Child Support Rules and Guidelines for Timesharing?

As mentioned above briefly, depending on the case and situation, the Florida Court may require both parents to pay child support to each other. More often than not, the Court will still calculate some child support based on the Child Support Guidelines Worksheet required by the state of Florida.

Additionally, other factors and forms of support go into the general child support calculations. Some of these other forms of support can include:

  • Health insurance
  • Childcare costs
  • Any out-of-pocket medical expenses
  • Extracurriculars and other activities

What if I Disagree with a Timesharing Agreement?

If one parent disagrees with a timesharing agreement with a co-parent, then you may have some legal options. Depending on the nature of the case, you may be able to seek legal representation to request a modification to a timesharing agreement.

However, these cases are typically reserved for situations that involve any form of abuse by a parent or co-parent or if there is evidence that a child’s needs are not being met by a parent or co-parent.

On the other hand, there are also some life-qualifying circumstances that might require a modification to a timesharing agreement. For example, if a parent moves or remarries or if there is a change in one parent’s income, then these could be considered reasons to modify an agreement.

One important area to note, however, is a Court is unlikely going to grant any wishes to modify a timesharing agreement that is simply unreasonable.

For example, a Court will often work with both parents and consider the needs and opinions of the children themselves (if they are of age, of course) in determining the best possible timesharing agreement for a family.

This means that if you wish to modify an agreement simply because you don’t like it, this likely won’t hold up in Court…literally.

You Have a Right to Think About Your Family – Work with a Coral Gables Family Law Attorney

In order to learn all your options regarding a timesharing agreement with a co-parent and your children, it’s best to speak with a knowledgeable family law attorney who focuses on timesharing and child support in the state of Florida.

Visit here to learn more about how a Coral Gables family law attorney can help you with your timesharing agreement, and to even discuss any legal options.

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The Estevez-Pazos Law Firm, P.A.

135 San Lorenzo Avenue, Suite 650
Coral Gables, Florida 33146
Fax: 305-234-7028
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