Florida no longer uses the term "CHILD CUSTODY". Florida has replaced ‘child custody’ with the concepts of “parental responsibility" and “timesharing.” The amount of timesharing each parent will have with each child must be determined in every divorce or paternity action. Parental Responsibility must also be determined. There are two types of parental responsibility: 'shared' and 'sole'. With shared parental responsibility, both parties must confer in major decisions related to the child(ren), i.e. schools, medical decisions, etc. The ONLY time that SOLE parental responsibility is granted is if there is evidence of "detriment" to the child. Detriment is neglect or abuse. This is a very high bar and does not include things like: "the father lets the kids eat fast food," or "the mother lets them have too much screen time." These things may be detrimental but ordinary standards, but they fall far short of the legal standard for detriment or abuse.

The law governing timesharing changed in 2024. There is now a rebuttable 'presumption' that each party has EQUAL timesharing with the child(ren). To rebut this, you must prove by a 'preponderance of the evidence' that equal timesharing is NOT in the child(ren)'s best interest. 'Preponderance of the evidence' is a legal standard which means that you have to show that there is a greater than 50% chance that equal timesharing is not in the child's best interest. This sounds easier than it is because in practice, most courts, without extremely convincing evidence will probably be granting equal timesharing across the board with this new law.

We know that children benefit from having a healthy relationship with both parents. If you think the party you are divorcing or co-parenting with could be a better parent, there are tools that we can build into a parenting plan to address this when it is in the best interest of the children to do so. It is essential that the parenting plan address all of your concerns because it is extremely difficult to later “modify” a parenting plan. The legal burden is very high so you want to get it right the first time.

At MGM LAW, we believe that divorce and paternity actions can take a tremendous emotional toll on parties and children. We are committed to helping you and your children minimize conflict and co-parent constructively throughout the process.

Contact Pensacola family law and divorce attorney Mary McDaniel to discuss the best parenting and time sharing arrangements for your child(ren).

WE CAN PROVIDE LEGAL ADVICE IF THE COURTS HAVE PREVIOUSLY RULED ON CUSTODY

Modifications to existing parenting plans and time sharing schedules are challenging. You must be able to prove a “substantial and material change of circumstances” and the change must be found to be in the child(ren)’s best interest. Only certain circumstances meet this criteria. Some of the things that may qualify as a substantial or material change are:

  • • Demonstrable harm to the child;
  • • Failure to provide proper medical care for the child;
  • • Very poor school attendance record and/or school performance by the child due to the other parent’s neglect;
  • • Use of illegal drugs or alcohol abuse by the parent with timesharing;

Things that will probably not qualify as a substantial and material change include the inability of parents to communicate, ongoing hostility between the parents, and failure to communicate about the child.

The burden to prove a “substantial and material change of circumstances” has been called “extraordinary” by the courts. The courts seek to preserve the stability of original parenting and timesharing plans because disputes are so disruptive to the lives of children.

That said, if you believe it is in the best interest of your child(ren) to modify the existing parenting and timesharing plan, Pensacola family law and divorce attorney Mary McDaniel can assist you.

Contact our Law Firm to Learn More About Collaborative Divorce and Timesharing

If you have questions about parenting and timesharing, we can help you understand your options. Regardless of your circumstances, we’ll help you achieve the best outcome for your family. To speak with our Pensacola family lawyer Mary McDaniel, call 850-450-1755, or use our online form to request a consultation.