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It is a public policy of the State of Florida that each minor child have frequent and continuing contact with both parents after the parents separate or after the marriage is dissolved, as well as encouraging the parents to share their rights and responsibilities, and joys of child-rearing.  Further, under Florida law there is no presumption for or against a father or a mother of a child or for or against any specific timesharing schedule.

Under Florida Law, the court is to order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. If both parents agree, an agreement can be made wherein both parents would share the parental responsibility of the child.  The agreement can also contain timesharing provisions wherein both parties have equal time with the minor child(ren).

Typically, courts will approve the same when both parties agree and there is no detriment to the minor child or children. If both parents do not agree, they can go to court and ask that the court determine a parenting plan with 50/50 timesharing or otherwise.  There are numerous factors that the court would consider pursuant to Florida law which would include, but are not limited to:

• The demonstrated capacity of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required;
• The moral fitness of the parents;
• The mental and physical health of the parents;
• The reasonable preference of the child, (if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference);
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought;
• The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs;
• The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

An attorney well-versed in marital and family law can prepare an appropriate parenting plan providing for shared parental responsibility and equal timesharing to be presented to the court for ratification.  Again, if the parties are unable to agree and an attorney well-versed in martial and family law should be hired for representation and courtroom presentation with regard to the factors listed above.