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Florida abandoned the traditional terms of custody in favor of parental responsibility and time-sharing. Florida's custody laws favor both parents remaining active in their children's lives. Therefore, courts prefer to see parenting plans and time-sharing plans that provide equal access for the child with each parent.
Florida is a 50/50 custody state because it emphasizes the importance of a child's access to both parents after a divorce. However, no Florida law exists that mandates parents split parenting time equally when they share joint custody. Parents will only split time equally if they have 50/50 custody.
In Florida, the age a child can choose a parent to live with will depend on the child's overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child's preference. Instead, a judge will decide whether: the child is intelligent enough to make a choice.
All responsibility cases require a parenting plan (sometimes called a custody agreement in other states). A plan outlines how parents will share the rights and responsibilities of raising their children and includes time-sharing schedules.
You likely have questions about child custody, and how often you will be able to see your children. You may have heard Florida is a 50/50 child custody state, but there is no statutory requirement that mom and dad will split 50/50 parenting time in fact, nowhere is this mentioned in Florida custody law.
Do I have to have a parenting plan? Yes, even if you and your spouse agree on the terms, if you are divorcing and have children under 18 you will have a parenting plan.
The alternating weeks schedule has children spend seven days with one parent, then seven days with the other. The 3-4-4-3 schedule has children spend three days with one parent, then four days with the other parent. The next week, children spend four days with the first parent, then three days with the other.
Generally, it is a written agreement made between the parents of a child, which is signed and dated by both parents. Parenting plans deal with any aspect of the care, welfare or development of the child, or any other aspect of parental responsibility for a child.
Parents request orders for a parenting plan, time-sharing schedule and child support by filing a case in family court. This initiates the litigation process. If you and the other parent agree on all issues, in some cases you can submit your settlement agreement at the same time.