Florida Statute § 61.13 And Timesharing Agreements
Florida has a robust system of rules for family law which can be overwhelming to laypeople. When children are involved, the stakes get even higher. The statute that governs timesharing under Florida law can be found in section 61.13 of the Florida Statutes. In this blog post, we’ll discuss the statute, its role in family law, and what it means for you as a parent navigating the family court system.
What is Florida Statute § 61.13?
Florida Statute § 61.13 establishes a presumption that equal time-sharing of a minor child is in the best interests of the child. Florida courts make decisions regarding children based on what is in their best interests. So, by default, the law believes that splitting time between the parents is in the best interests of the children.
It’s important to understand that this presumption is rebuttable. That means that a parent can provide facts and evidence that one parent should not be spending half the time with the children. To successfully challenge this presumption, they must demonstrate by a preponderance of the evidence (it’s more likely than not) that equal time-sharing is not in the best interests of the child.
What factors will the court consider when rebutting this presumption?
The court will consider several factors when determining whether equal timesharing is not in the best interests of the children. This can include evidence of:
- Domestic violence
- Sexual misconduct
- Any signs of abuse, abandonment, or neglect
The court will consider any evidence that the child is not being properly cared for or that the parent poses a danger to the child. These are heavy allegations to make. However, the presumption that equal timesharing is in the best interests of the children requires solid evidence that one parent is unfit for the task.
The court can also consider other factors related to the pragmatics of the parents’ situation. For example, if one parent lives a great distance from the other, a 50/50 timesharing schedule may not make sense for the children.
Factors related to custody
In addition to the courts presuming that equal timesharing is in the best interests of the children, the court also presumes that joint custody is in the best interests of the children. That means that both parents have legal decision-making power over the children. They can decide matters such as where the child goes to school, make choices related to their healthcare, or make decisions related to their religious upbringing. Again, there is a presumption that joint custody is in the best interests of the children. A parent must provide evidence to the contrary if they want the court to consider sole custody or unequal timesharing.
Talk to a Tampa, FL Family Law Attorney Today
Faulkner Law Group, PLLC represents the interests of Tampa residents who are going through a divorce. Call our Tampa family attorneys today to schedule an appointment, and we can begin discussing key matters related to your divorce such as distribution of assets and debts, alimony, child custody, and child support.
