Your marriage has ended, but you and your former spouse will still be parents to your children for the rest of your life. Successful co-parenting means you must work together for the benefit of your child and coordinate with each other to develop a time-sharing schedule that works for both you and your children, even if you still struggle with each other.
At Melone Hatley, P.C., we understand how difficult it is to maintain a cooperative arrangement with an ex-spouse. But the reality is that the court wants to see you put your differences aside for the benefit of your children after a divorce. Working together will be key to ensuring you and your co-parent maintain a meaningful relationship with your children and a cooperative relationship with each other. Fortunately, Florida courts allow for flexible time-sharing schedules that do just that.
Let’s look at common time-sharing schedules often used in co-parenting arrangements in Florida and how they could work for you.
What is “Time-Sharing” in Florida?
Florida custody law, updated in 2023, now refers to physical and legal custody as “time-sharing” and “parental responsibility” instead of “custody.”
These more modern terms emphasize what is in the child’s best interest while encouraging both parents to stay actively involved in their children’s lives. Although they differ from the conventional custody terms, the objective remains the same – to ensure your child grows up in a secure and supportive environment and that you, as co-parents, remain a stable, consistent, and loving presence in their lives.
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When Co-Parents Can Come to a Mutual Agreement That Works for Them
Time-sharing schedules outline how co-parents will share their responsibilities and parenting time. Because Florida law favors shared parental responsibility and time-sharing, parents are encouraged to agree on a schedule that works best for themselves and their child. If you and your co-parent can reach a mutual agreement, you can submit your plan to the court for approval.
Every family situation is different, and the best schedule will depend on work commitments, the distance between co-parents’ homes, and the child’s age and developmental needs. The goal is to create a plan that fits your lifestyle and schedule while providing stability, consistency, and meaningful time with your child.
Common Time-Sharing Schedules
While time-sharing schedules can be customized to fit your family’s needs, some of the most common arrangements are outlined below.
Equal Time-Sharing (50/50 Schedule)
- Week on, week-off schedule
The child spends alternating weeks with each parent. This schedule can work well for parents who live close to each other and have flexible schedules that allow for seamless transitions. - 2-2-3 schedule
The child spends two days with one parent, two days with the other parent, then three days with the first parent. The schedule switches the following week. This schedule is best for young children who benefit from having contact with both parents. - 3-4-4-3 schedule
One parent has the child for three days, the other for four. The schedule then switches. This schedule provides a balance between stability and regular interaction with both parents.
Majority Time-Sharing (60/40 or 70/30 Schedule)
- One parent has the child for the majority of the time, while the other has extended weekends or specific days during the week. This arrangement is beneficial when one parent has a more demanding work schedule or lives farther away.
- Every other weekend schedule
The noncustodial parent has the child every other weekend and possibly one weekday visit. This schedule is often used when one parent has a busy schedule but still wants meaningful time with their child. - 4-3 schedule
One parent has four days with the child, while the other has three. This can work well for parents who can accommodate mid-week exchanges and want to ensure both parents are actively involved. - 6tg5-2 schedule
One parent has five days with the child, while the other has two. This changes for the following week.
Time-sharing schedules must also consider special dates, holidays, school breaks, and birthdays. There must also be a system established for the child’s transportation and extraordinary circumstances to help reduce the risk of disruptions and disputes.
Supervised or Limited Time-Sharing
When one parent has a history of abuse, neglect, or instability, time-sharing may have to be supervised by a professional or a trusted third party, ensuring the child’s safety while maintaining parental contact. The court may also restrict overnight visits for a child’s safety.
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What Factors Do Courts Use to Make Time-Sharing Decisions in Florida?
When parents cannot agree to a time-sharing schedule, the court will intervene and establish a schedule for them. Courts use the best interests of the child standard to prioritize the child’s needs, and will consider many factors when making their decisions, such as
- Parental cooperation and communication
- Parents’ work schedules and living arrangements
- The child’s educational needs and extracurricular activities
- The ability of each parent to provide a consistent and supportive routine
- Any special needs the child has
- The geographic distance between parents’ homes
- Any evidence of parental alienation or interference with the other parent’s relationship with the child
- The willingness and ability of each parent to adhere to a time-sharing schedule and court orders
Ultimately, the court’s goal is to create an arrangement that serves both the best interests of the child while balancing the rights and responsibilities of the parents. Co-parents should approach this process by focusing on what is truly best for their child and putting preferences and conflicts aside.
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Can a Time-Sharing Schedule Be Changed?
There is little doubt that your lives will change as you co-parent through the years. This may mean that the time-sharing schedule that once worked will no longer be practical or in the child’s best interest. However, modifying a time-sharing schedule in Florida requires demonstrating that you have had a substantial, material, and unanticipated change in circumstances that warrants a modification.
The court may consider a modification due to
- Relocation of a parent
One parent has moved a significant distance away and a new schedule will be necessary to accommodate travel time and ensure that parent’s involvement. - A change in the child’s needs
As children grow, their educational, medical, or extracurricular needs may change, necessitating a schedule adjustment. - A parent’s failure to follow the current schedule
When one parent consistently fails to adhere to the plan, the court may need to modify it to better serve the child’s stability. - Changes in a parent’s work schedule
A significant shift in hours or job location could impact the feasibility of an existing time-sharing schedule. - Health or safety concerns
If one parent’s living situation becomes unsafe due to substance abuse, domestic violence, or other factors, the court may need to modify the agreement to protect the child.
Can Co-Parents Change a Time-Sharing Schedule Without Court Approval?
While parents can mutually agree to make informal changes to a time-sharing schedule without going to court, these changes will not be legally binding without court approval. Informal agreements may work in the short term, but there are risks:
- If one parent later disputes the new arrangement, the court will only enforce the existing order, not the informal agreement.
- Changes in time-sharing could affect child support calculations by altering the number of overnights.
- Without a court-approved modification, disagreements can arise, leading to confusion or one parent refusing to comply with the new schedule.
Getting the Skilled Legal Advice of Our Experienced Tampa, Florida Child Custody Attorneys
Time-sharing schedules in Florida should prioritize the child’s best interest while encouraging both parents to remain actively involved in their child’s life. Parents can do this by working together to establish a plan that best supports their child’s well-being and their own schedules. However, this isn’t always easy after a divorce. When disagreements arise, the court will intervene to ensure fairness and stability for the child.
Navigating time-sharing in Florida can be challenging, and getting skilled legal guidance can be essential to ensure your best outcome. Whether you want to create a time-sharing schedule that fits your unique needs, or you are seeking a modification to an existing arrangement, the experienced Tampa, Florida custody lawyers at Melone Hatley, P.C. are here to provide the support and advocacy you need. Contact us through our website or call us at (813) 400 – 1602 to schedule a free consultation with one of our Client Services Coordinators.
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