The Presumption Of 50/50 Time-Sharing In Florida Custody Cases
Child custody is often the most disputed aspect of divorce or separation. As a parent, you want what’s best for your child. You also want to remain meaningfully involved in their life. A new change to Florida’s custody laws may drastically shape the approach and outcome in your case.
At The Law Offices of Justin Rickman, we can protect your parental rights and the best interests of your child. Our lawyer has 40-plus years of experience navigating Florida family law cases. He knows how to present strong cases and, when appropriate, negotiate favorable agreements. Based in Clermont, he handles custody cases throughout the region.
What To Know About The Presumption
A recent change in Florida law establishes the presumption that parents should have 50/50 timesharing. This means that if your custody case goes before a judge, they are required to start from a place of assuming that equal timesharing is in the child’s best interests. They must consider specific factors and make detailed findings when awarding an unequal arrangement.
This presumption is “rebuttable,” which means either party can challenge it, but they will have to prove why 50/50 isn’t in the best interests of their child. Additionally, parents are free to agree to a different arrangement.
The Impact On Child Support
Child support in Florida is based in part on the amount of overnights the child spends with each parent. A 50/50 timesharing arrangement will mean reduced child support payments, all other things being equal.
What About Parental Relocation?
If a parent relocates more than 50 miles to be closer to their child, they can seek a modification of their existing custody arrangement. They will still have to prove that the proposed modification is in the child’s best interests.