Isabella Carter
In Florida, the term custody has been replaced by timesharing, which refers to the amount of time a child spends with each parent. A parenting plan outlines timesharing parental responsibilities, communication methods, and how frequently parents communicate outside of timesharing. When it comes to overnight parenting time, the percentage of time-sharing awarded to each parent determines the number of overnights and is a significant factor in calculating child support payments. Florida's Standard Parenting Time Plan, which came into effect in 2018, aims to facilitate the sharing of parental rights and responsibilities between unmarried parents who are no longer together or choose to live separately. The plan includes a regular schedule as well as provisions for holidays and vacations.
| Characteristics | Values |
|---|---|
| Term used | Time-sharing |
| Time-sharing schedule | A detailed plan that specifies when the child will spend time with each parent, including regular, holiday, and vacation schedules |
| Parenting plan | A document that outlines the time-sharing schedule, parental responsibilities, and communication methods |
| Parental responsibilities | Include daily tasks, filling out forms for health care, school, and other activities, and communication with the children |
| Communication methods | How frequently parents communicate when they are not time-sharing |
| Fine for violation | Fines, jail time, or requirement to make up time sharing |
| Child support | A parent must exercise at least 20% of overnights per year to receive a reduction in child support payments |
| Court intervention | A court will determine the time-sharing schedule if the parents cannot agree, with the best interests of the child in mind |
| Extreme cases | If it is not in the best interest of the child to spend overnight with one parent, the court will determine daytime visitation, with the possibility of supervised visits |
| Decision-making authority | The court may designate one parent to make the final decision if the parents cannot agree |
| Visual calendar | Strongly recommended and required in some counties |
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What You'll Learn
Child support payments
In Florida, the term "custody" has been replaced by "timesharing", which refers to the amount of time a child spends with each parent. A parenting plan outlines the timesharing schedule, parental responsibilities, and communication methods. This plan must be followed, and if violated, the offending parent can face fines or jail time.
The time-sharing schedule is a detailed plan that specifies when the child will spend time with each parent, including regular schedules, holidays, and vacations. It also includes the pickup and drop-off locations for the children. A court will divide the weeks and months and determine when each parent should have time-sharing. Overnight time-sharing is usually the most common.
The percentage of time-sharing awarded to each parent is a significant factor in determining the amount of child support payable by either parent under Florida's child support guidelines. A parent must exercise at least 20% of overnights per year to receive a reduction in child support payments. This was demonstrated in the case of Williams v. Bossicot, where the father was granted 23% of overnights per year, resulting in a child support payment of $750 per month.
Florida's Standard Parenting Time Plan, which came into effect in 2018, is intended to facilitate the sharing of parental rights and responsibilities between unmarried parents who are no longer together or choose to live separately. The law focuses on the best interests of the child and gives judges the power to veto a parenting plan if they believe it is not in the child's best interests.
Parents can agree on a time-sharing arrangement in a settlement, but if they cannot agree, they will each submit proposed schedules in a trial. The judge or general magistrate will award fairly equal parenting time unless one parent proves it would not benefit the children. Visual aids, such as written plans or calendars, are recommended and sometimes required for time-sharing schedules.
There are various schedules that can be adopted for time-sharing, including the 2-2-5-5 schedule, where children spend two days with one parent, then two days with the other, followed by five days with each parent. Another option is the alternating weekends schedule, where children live primarily with one parent and stay with the other parent every other weekend.
In conclusion, child support payments in Florida are influenced by the amount of overnight time-sharing allocated to each parent, with a minimum of 20% of overnights per year required for a reduction in child support payments. The specific amount of child support is determined by Florida's child support guidelines, and parents can work with family law attorneys to negotiate the terms of their parenting plan and ensure it meets the best interests of their children.
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Parental responsibilities
In Florida, the term "custody" is no longer used; instead, the term
The time-sharing schedule is part of the parenting plan and explains when the children live and spend time with each parent. It includes the number of overnights the children will spend with each parent in a year, which must add up to 365 and is used to determine child support. There are numerous options for shared parenting schedules, and parents can adopt a popular schedule, make adjustments, or create their own. Some common schedules include:
- Alternating weeks: Children spend seven days with one parent and then seven days with the other.
- 2-2-5-5 schedule: Children spend two days with one parent, two days with the other, then five days with the first parent, and five days with the second.
- Every extended weekend: A 60/40 arrangement where children spend weekdays with one parent and long weekends with the other.
- Every weekend: A 70/30 arrangement where children spend weekdays with one parent and a two-day weekend with the other.
- Alternating weekends: A common 80/20 arrangement where children live primarily with one parent and stay with the other every other weekend.
In Florida, the law gives judges the power to veto a parenting plan if they believe it is not in the best interest of the child. The new Standard Parenting Time Plan law, which came into effect in 2018, facilitates the sharing of parental rights and responsibilities between unmarried parents who are no longer together or choose to live separately. The law focuses on the "'best interests of the child' standard and includes how parents will share daily tasks and communicate with the children.
In some cases, a court may determine that it is not in the child's best interest to spend overnights with one parent due to extreme reasons such as abuse, drugs, or alcohol issues. In these cases, the court will decide on appropriate daytime arrangements for the parent, but this is only in the most extreme cases. The court may also designate one parent with "ultimate decision-making authority," where both parents must confer and consider each other's positions, but if they cannot agree, the designated parent makes the final decision.
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Holiday and vacation schedules
The time-sharing schedule is a critical component of the parenting plan, and it is used to determine child support payments. The percentage of time-sharing awarded to each parent is a significant factor in calculating the amount of child support payable by each parent under Florida's child support guidelines. A parent must exercise at least 20% of overnights per year to be eligible for a reduction in child support payments. This percentage is used as a threshold to determine if a substantial amount of time-sharing is occurring, which can impact the financial arrangements.
When creating a time-sharing schedule, parents have a lot of flexibility to choose an arrangement that works best for their family. There are several popular schedules that can be adopted or adjusted, or parents can create their own. For example, the alternating weeks schedule has children spend seven days with one parent and then seven days with the other. Another option is the 2-2-5-5 schedule, where children spend two days with one parent, two days with the other, and then five days with each parent alternately. The every extended weekend schedule is a 60/40 arrangement, with children spending weekdays with one parent and long weekends with the other.
In addition to the regular schedule, the time-sharing schedule should also address holiday and vacation time. This includes deciding which holidays the child will spend with each parent. The court will also consider the best interests of the child when reviewing the parenting plan and making any adjustments to the time-sharing schedule. If there are concerns about the child's safety or well-being, the court may order that the child be exchanged at a designated "safe zone," such as a police department or sheriff's office.
Overall, the holiday and vacation schedules are an important aspect of the time-sharing agreement in Florida. Parents have flexibility in creating a schedule that works for their family, while also ensuring that the best interests of the child are prioritized. The time-sharing schedule has financial implications, with adjustments to child support payments based on the percentage of overnights spent with each parent.
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Safety-focused plans
In Florida, parenting plans fall into four categories: basic, long-distance, highly structured, and safety-focused plans. Safety-focused plans are used when one parent's time-sharing must be supervised or otherwise limited. Here are some key considerations for safety-focused plans:
Limited Time-Sharing and Supervision
Parental Responsibilities
The plan should outline how the parents will share daily tasks and responsibilities in raising the child. This includes designating who will be responsible for filling out forms for health care, school, and other activities. It is important to note that both parents are legally required to confer and consider each other's positions when making decisions.
Communication Methods
The plan should address how often and through what means the parents will communicate with each other and with the children. Clear and consistent communication is essential for the well-being of the children and to ensure that both parents are involved in decision-making.
Pickup and Drop-off Locations
The safety-focused plan should specify the pickup and drop-off locations for the children. This could be at one of the parent's houses, a midway point, or a public place. In some cases, it may be determined to be a police department or another designated safe location.
Holiday and Vacation Schedules
In addition to regular visitation schedules, safety-focused plans should also consider holidays and vacations. The court will determine which holidays the child will spend with each parent and how to facilitate a smooth transition during these special occasions.
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Time-sharing arrangements
In Florida, the term "time-sharing" is used in place of "custody". A time-sharing schedule is a detailed plan that specifies when a child will spend time with each parent, including regular, holiday, and vacation schedules. The parenting plan outlines parental responsibilities, communication methods, and the time-sharing schedule.
The time-sharing schedule is the part of the parenting plan that explains when the children will live and spend time with each parent. It can be agreed upon by both parties in a settlement or, if an agreement cannot be reached, each party will submit proposed schedules in a trial. A judge or general magistrate will then award a fair division of parenting time unless one party proves that it would negatively impact the children.
There are numerous factors to consider when creating time-sharing schedules, including the age of the children, how parenting time affects child support, and the demonstrated capacity of each parent to facilitate a close parent-child relationship and act upon the needs of the child. Schedules may need to be modified as the children grow and situations change.
In Florida, parenting plans fall into four categories: basic, long-distance, highly structured, and safety-focused. Basic, long-distance, and highly structured plans require a detailed written schedule, which may involve a chart or multiple paragraphs. A visual calendar is strongly recommended and is required in some counties. Safety-focused plans are used when one parent's time-sharing must be supervised or limited and typically list the days and times of visits.
There are many options for shared parenting schedules, and parents can adopt a popular schedule, make adjustments, or create their own. A common arrangement is the alternating weekends schedule, where children live primarily with one parent and stay with the other parent every other weekend. Another option is the 2-2-5-5 schedule, where children spend two days with one parent, two days with the other, then five days with the first parent and five days with the second.
The amount of overnight time-sharing is a significant factor in determining the amount of child support payable by each parent. To receive a reduction in child support payments, a parent must typically exercise at least 20% of overnights per year.
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Frequently asked questions
Significant overnight parenting time in Florida refers to the number of overnights a child spends with each parent in a year. This is outlined in a parenting plan, which is a document that details the timesharing schedule, parental responsibilities, and communication methods.
The Standard Parenting Time Plan in Florida is a law that facilitates the sharing of parental rights and responsibilities between unmarried parents who are no longer together or choose to live separately. It includes a regular schedule and a holiday and vacation schedule.
Parenting time in Florida is calculated by determining the number of overnights a child spends with each parent in a year. This is usually done through a time-sharing schedule, which can vary depending on the family's needs and the children's ages.
Yes, parenting plans can be changed in Florida. If a parenting plan is modified, the parents must notify their children's school, doctors, and any other relevant parties.
If a court in Florida finds that it is not in the best interest of the child to spend overnight with one parent due to extreme reasons like abuse, drugs, or instability, they may determine supervised daytime visits. This type of plan is called a safety-focused plan, and it outlines the rules and details of supervision for visits.
