Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida child custody cases are decided in the best interest of the child. Florida law changed in 2007 to change custody to time-sharing and the court does require a time-sharing plan. However, there has been a presumption that time-sharing means that parents have 50/50 child visitation. In 2011, the Florida legislature made it clear, through new changes to the statute, that time-sharing is not to be presumed equal for the parents. Therefore, prior case law should now be ignored on that basis and the parents, in developing time-sharing plans, must keep the best interest of the child at the top of their goals, otherwise the court will enforce what it feels is in the child’s best interest.
In a custody battle, the court may require the parties to get a parenting coordinator or social investigator to help determine the best interest of the child. These individuals are trained in meeting with parents and children to determine what the dynamics are and help the court better understand the parental issues. Speak with a family law attorney about your rights and what option may be best for your case.