Child Custody and Timesharing, Is There a Difference?

Is there a difference between child custody and timesharing in Florida? Yes, these two means of providing care and nurturing for minor children following a divorce or separation are distinctly different. Minor children, those children from birth to age l8 that are birthed or adopted by a couple, whether the parents married or even lived together, will be ordered through mediation or a judge into a timesharing arrangement or custody. Each arrangement has its particular requirements.

Custody: Once custody was how minor children were cared for following a divorce or separation. One parent (usually the mother) would be given primary custody, and the other parent secondary custody with visiting rights. The minor children stayed with the parent having primary custody, and visiting rights were usually limited to daytime visits, no overnights unless on the occasional vacation visit. Major decisions for the minor child’s well-being were made by the parent with primary custody without having to confer with the other parent. Unfortunately, this arrangement often led to a child thinking the secondary parent didn’t care for them as much as for the primary parent. There are still times, however, when the term custody is used in reference to the care and nurturing of minor children. If either parent is in jail, has been convicted of child abuse or domestic violence, is too ill mentally or physically to care for the child, or has a severe drinking or drug problem, a judge will give full custody to the able parent or to a third party such as a grandparent. In time, if the problem parent is able to rectify their situation, they can appeal to the court to have the custody changed to parental timesharing.             

Parental timesharing: as time went Family Courts began to see the damage being done by the custody system and so developed what is now called parental timesharing. Just as the word timesharing implies, this plan divides the time a minor child will spend with each parent as equally as possible. Custody or better termed the care and nurturing of a minor child, including overnights, is shared evenly between the child’s parents. And in addition to sharing where the child will live, major decisions made for the child medically, educationally, spiritually, and discipline will be made by both parents working together. Of course, not all parents will work together amicably, but the court hopes parents will be able to put personal issues aside long enough to help their minor child. A parenting plan will be worked out in mediation or by the judge, which will determine such day-to-day issues as:

·       when and where the exchange of the child will take place

·       the timesharing schedule

·       who will care for the child when neither parent can due to sickness or other emergencies.

·       the dividing up of the child’s holiday and vacation times

·       who pays for medical and dental insurance and co-pays?

·       who pays for extracurricular activities such as sports?

·       what are the guidelines if a parent needs to travel or move more than 25 miles away from the child?

·       for older children, what are the guidelines for a child staying at a friend's house other than the parent's?

These are some of the typical considerations found in a parenting plan, but each plan will be customized to suit the needs of the family involved.

The motto of the Florida Family court is “in the best interest of the child,” and a judge will make sure this motto is followed whether it suits a parent or not. Unless the couple can work together during mediation to decide what is best for them and come to and sign a marital agreement, the judge will decide. If following the final decree, a parent refuses to follow the parental timesharing arrangements or the parenting plan, a parent can bring the case back to family court. The parent who has disregarded the judge’s order regarding their minor child will be reprimanded with a contempt charge, possible fine, and in extreme cases, time in jail. There is a saying that children are the reason the world should go on, and Florida Family Court works hard to provide healthy care and nurturing for minor children in its jurisdiction.

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