Protecting Your Parental Rights in Sarasota
When your marriage ends, the most important thing is not the house or the bank account. It is your children. How you and your spouse share time and decision-making authority after divorce affects your child's stability, your daily life, and your relationship with your kids for years to come.
Florida law does not use the word custody. Instead, it uses parental responsibility (who makes decisions) and time-sharing (when each parent has the child). These are governed by Florida Statutes Section 61.13. A Sarasota child custody attorney can help you understand how these concepts apply to your family and fight for a parenting plan that protects your rights.
At Bragg Family Law, we have helped hundreds of Sarasota parents establish, modify, and enforce time-sharing arrangements. Whether you are negotiating a parenting plan for the first time or fighting to change an existing order, we will advocate for your relationship with your children.
Parental Responsibility in Florida
Parental responsibility refers to who makes major decisions about the child's life, including education, healthcare, religion, and extracurricular activities. Florida presumes that shared parental responsibility is in the child's best interests, meaning both parents should have a say in these decisions.
However, the court can award sole parental responsibility to one parent if the other parent has a history of domestic violence, substance abuse, child abuse, or abandonment. The court can also order ultimate decision-making authority to one parent on specific issues when parents cannot agree.
Time-Sharing Schedules
Time-sharing is the actual schedule of when the child is with each parent. Florida courts no longer favor the mother by default. The law requires the court to start from the position that both parents should have meaningful and frequent contact with the child.
Common time-sharing arrangements in Sarasota include:
- 50/50 schedules - the child spends roughly equal time with each parent, often alternating weeks
- Every other weekend plus one weeknight - one parent has the child most weekdays, the other has every other weekend and a midweek visit
- Nested arrangements - the child stays in the family home while parents rotate in and out (less common but useful in some situations)
- Supervised time-sharing - required when there are safety concerns, with a third party present during visits
The right schedule depends on your child's age, school schedule, each parent's work hours, the distance between your homes, and your child's relationships with each parent.
The Parenting Plan
Every Florida divorce involving children requires a parenting plan. Under Section 61.13(2)(b), the parenting plan must address:
- How parental responsibility will be shared (decision-making authority)
- The regular time-sharing schedule (weekdays and weekends)
- Holiday and vacation time-sharing (Thanksgiving, Christmas, spring break, summer)
- Transportation arrangements for pick-up and drop-off
- How parents will communicate with each other and with the child
- How changes to the schedule will be handled
The court must approve the parenting plan. If parents cannot agree, the judge will create one based on the best interests of the child.
Best Interests of the Child
Florida law lists specific factors the court considers when determining the child's best interests under Section 61.13(3), including:
- Each parent's capacity to maintain a loving, stable relationship with the child
- Each parent's ability to meet the child's developmental needs
- The child's preference (if the child is old enough to express a reasoned preference)
- Each parent's mental and physical health
- Geographic proximity of the parents' homes
- Evidence of domestic violence, child abuse, or substance abuse
- Each parent's willingness to encourage a relationship between the child and the other parent
- How parental responsibilities were divided during the marriage
Child Support and Time-Sharing
Child support in Florida is calculated using a formula based on each parent's net income and the number of overnight stays the child has with each parent. The more overnights you have, the lower your child support obligation tends to be.
This is why time-sharing schedules matter financially, not just emotionally. A 50/50 schedule may result in a very different child support calculation than an every-other-weekend schedule. Learn more on our child support page.
Modifying a Time-Sharing Order
If circumstances have changed since your original time-sharing order was entered, you can request a modification. Florida courts require a substantial, material, and unanticipated change in circumstances to modify an existing order. Common reasons include:
- One parent relocating out of Sarasota County
- Changes in the child's needs as they grow older
- One parent's work schedule changing significantly
- Concerns about a parent's fitness (substance abuse, mental health, neglect)
- The child's expressed preference (if old enough)
See our order modifications page for more detail.
Frequently Asked Questions
How is child custody determined in Florida?
Florida uses the terms parental responsibility and time-sharing instead of custody. The court determines these based on the best interests of the child, considering factors like each parent's relationship with the child, their ability to meet the child's needs, geographic proximity, and any history of domestic violence or substance abuse.
Can I get 50/50 time-sharing in Sarasota?
Yes. Florida law does not presume a 50/50 schedule, but it also does not presume one parent should have primary residence. The court looks at what arrangement serves the child's best interests. If both parents live near each other, can cooperate, and have flexible work schedules, 50/50 time-sharing is often achievable.
At what age can a child choose which parent to live with in Florida?
Florida does not have a specific age when a child can choose. The court may consider the child's preference if the child is old enough to express a reasoned preference, but the judge makes the final decision based on the child's best interests. There is no magic age.
How do I change my time-sharing schedule?
You must file a supplemental petition for modification with the court. You need to show a substantial, material, and unanticipated change in circumstances since the original order. The court will not modify a schedule simply because one parent is unhappy with it.
What happens if my ex violates the time-sharing order?
You can file a motion for contempt or enforcement with the court. The judge can order make-up time-sharing, impose sanctions, require the violating parent to pay attorney fees, or in serious cases, modify the time-sharing arrangement.
Speak With a Sarasota Child Custody Attorney
If you are facing a custody dispute or need to modify an existing time-sharing order, the sooner you talk to a Sarasota child custody attorney, the better your position will be. Call us at (941) 893-1555 or schedule a free consultation.