• TIME SHARING SCHEDULES

          Florida's public policy is to ensure that children have frequent and continuing contact with both parents after separation and divorce. Among the decisions that parents will need to make is how the children's time will be shared between the parents. If the children live most of the time with one parent, that parent is usually called the "primary residential parent." The other parent is often called the "secondary residential parent." Under Florida law, the father is given the same consideration as the mother in determining primary residence for the children.

          The time spent with the secondary residential parent is referred to in different ways. "Visitation," "contact and access," "time sharing," or "parenting" schedules are the most commonly used terms. The schedule can be as flexible or structured as is needed for your family. For some families, nearly equal time sharing may work well. If the parents cannot agree on a time sharing schedule, the court must decide, considering the following factors:

          The parent who is more likely to allow the children frequent contact with the other parent.

          The love, affection and other emotional ties existing between the children and each parent. It is important for the children to maintain these ties if they are to reach their maximum potential.

          The devotion of the parent to the best interest of the children. A child should not be used as a pawn or a weapon.

           The ability and desire of each parent to provide food, clothing, shelter, and other needs of the children. The willingness to provide is more important than the ability, since the court can order child support.

          The court will also consider: (a) the stability of each proposed home; (b) the success the children have enjoyed in each home; (c) the morals of each parent; (d) the physical and emotional health of each parent; and (e) the reasonable preference of the children, if the court finds that they are mature enough to express an opinion. The court will also consider any other relevant factors.

Taken from the Florida Bar Consumer Pamphlets