The idea of child custody encompasses two distinct concerns: 1) where the children primarily live, and 2) who has decision making authority for the children. The home in which the children primarily live is the first concern of what is commonly thought of as custody. This has also been previously termed as primary residential parent.

Effective October 1, 2008, the Florida Legislature has redefined what is commonly referred to as custody or the primary residential parent. The term now used by courts with regard to where the children primarily live is substantial time sharing.

The related issue of visitation, or time spent with the other parent, is now called time sharing. Like parental decision making or parental responsibility, the idea behind the change in terminology is to alter the perception of parents and how they view and approach time spent with the children.

Time spent by one parent with the children is conceptually no different than time spent by the other parent with the children. Each parent should be allotted a set amount of time, sharing the time with the children.

As a practical matter, the court must consider the same factors when assigning parental responsibility and time sharing. The legislature has simply made some of the factors more specific and requires attorneys and litigants to better define the situation and circumstances.

The amount of time spent with each parent can impact the amount of child support each parent has to pay, based upon the number of overnights.

There are a number of statutes and other laws which can affect these issues including the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Hague Convention, and the Servicemembers Civil Relief Act.

Related Issues:

Child Support

Related proceedings:
Divorce
Paternity
Modification
Enforcement
Contempt
Injunctions

Every case and situation is unique. Your attorney will evaluate your individual situation and advise you how best to proceed regarding these and other issues. The above statements are made for informational purposes only and should not be considered legal advice. The Law Offices of Thomas J. Donnelly shall not bear responsibility for any actions taken based upon the above information. Seeking professional help for your legal problems and concerns is imperative.