Parental Responsibility and Timesharing
Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida Parental Responsibility and Timesharing Lawyer
When your role as a parent is threatened—whether it’s through a contested parenting plan, a power imbalance in decision-making, or an unfair timesharing schedule—it affects every part of your life. These are deeply personal issues, and the stress and fear that come with them are very real. You deserve someone in your corner who not only understands Florida’s family laws, but who also listens to you, respects your concerns, and brings real courtroom experience to the table. At the Law Offices of Matthew Z. Martell, P.A., we’ve spent years helping parents in Bradenton, Sarasota, Lakewood Ranch, Venice, Florida and surrounding areas deal with difficult and sometimes high-conflict timesharing and parental responsibility cases. We don’t take shortcuts, and we don’t shy away from standing up to aggressive or unreasonable opposition. The Law Offices of Matthew Z. Martell, P.A explains key details below about parental responsibility and timesharing in Florida, your legal options, and how an experienced Bradenton, Sarasota, Lakewood Ranch, and Venice, Florida divorce child custody lawyer near you can help you protect your rights and secure a better future for your child.
What Is Parental Responsibility and Timesharing in Florida?
Florida Law Calls It “Parental Responsibility” Instead Of “Custody” — Florida law doesn’t use the term “custody” anymore. Instead, it refers to “parental responsibility” under Florida Statutes § 61.13. This is about which parent has the legal authority to make decisions for a child. These include major choices like schooling, healthcare, and religion. Most of the time, Florida courts prefer “shared parental responsibility,” which means both parents work together to make decisions. However, one of the parents could be given sole parental responsibility. This generally only happens when shared decision-making might be harmful to the child.
Timesharing Replaced “Visitation” — The word “visitation” has also been replaced in Florida with the term “timesharing.” This simply means the schedule that shows when your child will be with each parent. It includes weekdays, weekends, holidays, school breaks, summer break, and vacations. The goal is to give children regular contact with both parents unless there’s a clear reason not to. Florida family courts don’t assume one parent should have more time than the other. Instead, they look at what arrangement serves the child’s best interests.
Parenting Plans Are Required By Law — If you’re going through a divorce and you have children, the court will require a parenting plan. This plan must outline in detail how parental responsibility and timesharing will be handled. According to Florida Statutes § 61.13, the parenting plan should include things like a daily schedule, how parents will communicate about the child, and who makes decisions about healthcare and school. You and the other parent can agree on the plan yourselves, or the judge will decide for you if you can’t agree.
The Child’s Best Interests Are the Main Focus — Every decision about parental responsibility and timesharing must be based on what’s best for the child. The court uses several factors listed in Florida Statutes § 61.13 to decide this. These factors include each parent’s ability to provide a stable home, how well you and your co-parent communicate, and how involved each of you has been in the child’s life. The court won’t automatically favor one parent over the other based on gender or income.
Equal Time Is Not Guaranteed — While courts often try to give both parents significant time with the child, 50/50 timesharing isn’t always guaranteed. Ultimately, Florida law doesn’t guarantee that you will get equal time—it just requires a schedule that meets the child’s needs. That might mean one parent has more overnights during the school year, for example, and the other has more time during the summer. It all depends on your situation and what helps your child thrive.
You Don’t Have to Be Married — These rules apply to both married and unmarried parents. If you’re not married and you’re dealing with parental responsibility or timesharing issues, you still need a court-approved parenting plan. The same legal standards apply, but unmarried fathers usually need to establish paternity first under Florida Statutes § 742.031. Once that’s done, they can pursue shared parental responsibility and timesharing like any other parent.
Why You Might Need a Sarasota, Lakewood Ranch, Bradenton, and Venice, Florida Custody Lawyer
When Agreements Break Down — Many times, initially in the divorce you and the other parent can’t agree on key decisions— like school, healthcare, or normal daily routines for the kids. Therefore, Florida law under Florida Statutes § 61.13 requires a court-approved parenting plan. When voluntary cooperation fails, a family law attorney near you ensures your rights are protected and your child’s needs stay front and center.
Seeking More Time — If you’re asking for more timesharing—whether due to being the primary caregiver or a changed situation— you’ll need to prove it’s in your child’s best interests. A trusted and experienced divorce lawyer near you like Attorney Matt Martell will use Florida Statutes § 61.13 factors like home stability and involvement to build your case.
Challenging a Plan — If the other parent proposes a schedule you oppose, strong legal support can help prevent losing valuable time or influence. A family law attorney ensures your relationship with your child is considered.
When Emotions Run High — Custody cases are stressful and emotional. Mistakes can have lasting effects. A family law attorney lawyer near you helps manage conflict, avoids legal missteps, and follows local rules that can impact outcomes.
Feeling Lost — Navigating Florida’s parenting laws alone is confusing. From filing deadlines to understanding legal terms, a divorce attorney near you gives clarity and ensures your child’s future is approached with confidence.
How Timesharing Works in Sarasota, Lakewood Ranch, Bradenton, and Venice, Florida
Timesharing Means Scheduling — Under Florida Statutes § 61.13, you and the other parent must have a detailed schedule that lays out when the child will be with each of you. That includes regular weekdays, weekends, holidays, school breaks, and summer vacation. There’s no one-size-fits-all plan—the court decides based on what’s best for your child, not what’s convenient for the adults.
Equal Or Majority Timesharing — The court will look at what makes the most sense for your child. Most parents have equal timesharing, meaning the child spends close to 50/50 time with each. Some have majority timesharing, where one parent has the child more than half the time and the other has less. The court leans toward equal timesharing if both parents are fit and involved, but it’s not automatic. The judge uses the “best interests of the child” test from Florida Statutes § 61.13 to decide what kind of schedule will work best.
Special Situations Like Holidays — Your plan should cover big dates in advance. Holidays, birthdays, vacations, and school breaks are often the most emotional and complicated parts of any parenting plan. You’ll need to decide how those are split. Without clear agreements in place, small disputes can turn into big problems. That’s why Florida courts expect your parenting plan to include special timesharing rules for these dates before it’s approved.
Supervised Timesharing — Under certain circumstances, the court limits access to protect the child. In certain situations, the court might order supervised timesharing. That usually happens when one parent has issues like child abuse, serious substance abuse, domestic violence, or other serious concerns that make unsupervised time unsafe. Under Florida Statutes § 61.13, the court has the power to put these protections in place to keep the child safe, but it must be based on solid evidence, not just suspicion or personal conflict.
When Timesharing Isn’t Followed — There are legal ways to respond when the timesharing plan is ignored. If the other parent isn’t following the timesharing schedule—whether by keeping the child longer, constantly canceling visits, or refusing to cooperate—you have legal options. Florida courts take parenting plan enforcement seriously. Under Florida Statutes § 61.13, you may be able to get make-up time, request attorney’s fees, or even seek a change in the plan if violations are frequent or harmful. A trusted and experienced divorce lawyer near you like Attorney Matthew Z. Martell can help you document the issues and file the right paperwork.
What Parental Responsibility Covers
Major Life Decisions — In Florida, “parental responsibility” means having the legal right to make significant decisions for your child—like schooling, healthcare, discipline, and religious upbringing. This is laid out in Florida Statutes § 61.13. Courts generally assume both parents should share this authority unless it would harm the child.
Shared Responsibility as the Default — Florida favors shared parental responsibility, requiring both parents to consult and agree on major matters. While cordial relations aren’t required, basic communication is. If cooperation breaks down or one parent acts irresponsibly, the court may intervene.
Sole Responsibility in Extreme Cases — A parent may be granted sole parental responsibility if the other parent poses a significant risk to the child—through physical abuse, serious substance abuse issues, or complete refusal to engage that rises to the level of child neglect. This is allowed under Florida Statutes § 61.13, but courts reserve it for serious circumstances.
Ultimate Decision-Making Exists — Courts can also assign one parent final say over specific custody issues (like education or medical care), even under shared parental responsibility. This option helps prevent gridlock when frequent disagreement affects the child’s well-being.
Not About Time-Sharing — Parental responsibility doesn’t determine overnight visits or holiday schedules. Those fall under “timesharing,” a separate part of Florida parenting plans focused on how much time a child spends with each parent.
What Florida Courts Look At to Decide Parental Responsibility and Timesharing
The Child’s Best Interests Come First — Under Florida Statutes § 61.13, courts base all decisions on what best serves the child’s well-being. The law is neutral—it doesn’t favor either parent but focuses on ensuring a safe, stable, and nurturing environment.
Judges Weigh Many Factors — Florida uses specific criteria for evaluating parental responsibility and timesharing. These include each parent’s involvement, ability to co-parent, and whether either parent has exposed the child to harm. The judge considers the entire context, not just isolated issues.
Parenting History Matters — Courts examine your real-life parenting record. If you’ve been consistently involved in your child’s daily life—doctor visits, school events, extracurricular activities, and the child’s daily routines—that demonstrates reliability. A lack of involvement can work against you.
Cooperation Counts — Judges look for parents who follow rules and prioritize the child over conflict. Florida Statutes § 61.13 favors parents who can communicate and cooperate, even without a friendly relationship. In Florida, a parenting coordinator can sometimes help high-conflict parents communicate, resolve disputes, and follow parenting plans which are in the child’s best interest.
Stability and Safety Are Crucial — The court will look into each parent’s home environment. A safe, stable setting—free from violence, neglect, or substance abuse—is essential, even if the home isn’t perfect.
Child’s Voice May Matter — If the child is mature enough, the court may consider their preference. However, his is far from guaranteed and first depends on the child’s age and reasoning ability.
Can I Modify a Parenting Plan or Timesharing Schedule Later?
Changes in Circumstances — Under Florida Statutes § 61.13, a court can only modify a parenting plan if there’s a “substantial, material, and unanticipated change in circumstances.” The change must be serious, unexpected at the time of the original order, and long-lasting. Minor issues won’t meet this threshold.
What Counts — Qualifying events may include a parent’s serious illness, major relocation, job loss, or ongoing noncompliance with the parenting plan. Dangerous behavior—like serious substance abuse or exposing the child to physical harm—can also justify a custody modification, but every case depends on its facts.
Proof Required — Florida courts require solid evidence such as medical records, police reports, or school documents. Simply claiming circumstances have changed is not enough—you must prove the child’s best interest demands the change.
Formal Petition and Possible Hearing — To begin, you must file a Supplemental Petition to Modify Parental Responsibility and/or Timesharing. The other parent can respond to the modification request, and the process will include mediation and a hearing or trial. A highly rated family law attorney near you such as Attorney Matt Martell can help build your case and guide you through Florida’s post-divorce modification legal process.
What if One Parent Moves Away? (Relocation Issues)
There’s a 50-Mile Rule for Moving — Florida Statutes § 61.13001 requires that if a parent wants to move more than 50 miles from their current residence for over 60 days, they must get written consent from the other parent or court approval—especially if a parenting plan is already in place.
You Can’t Just Move Without a Court Order or Agreement — Without agreement, the relocating parent must file a Petition to Relocate and prove that the move serves the child’s best interest. Courts will not excuse a parent who moves first and seeks permission later.
The Court Looks At Specific Factors When Deciding — Under Florida Statutes § 61.13001, judges consider how the move will impact the child’s relationship with both parents, the logistics of time-sharing, and whether it improves life for the moving parent and child. They also review the motivations behind the move and the non-moving parent’s objection.
The Other Parent Has a Right to Object — If the other parent doesn’t agree with the relocation, they can file a written objection, and the case may go to a hearing(s) and trial. During that process, both sides can present evidence and make arguments. The judge then decides whether the move should be allowed.
Violating the Relocation Law Can Have Serious Consequences — If you move your child without following the steps in Florida Statutes § 61.13001, the court can order the child returned and may even change the parenting plan. It could also hurt your credibility in future legal matters.
Emergency Situations and Parental Responsibility
If your child is in immediate danger, Florida law—under Florida Statutes § 61.13—lets you ask the court for emergency help by filing an Emergency Motion. The court may take your emergency request seriously, but they requires proof of real urgency and a true emergency, such as child abuse, serious child neglect, or credible threats of physical violence. Situations like a parent’s arrest for domestic violence where the child was injured or witnessed it, drug usage around the child, sexual abuse, or refusal to return the child back from timesharing for an extended time period may qualify. If granted, the court can temporarily modify the parenting plan by suspending timesharing or requiring supervised timesharing. However, you must still follow proper legal steps—acting on your own without a court order can backfire and harm your case later.
How a Lakewood Ranch, Sarasota, Bradenton, and Venice, FL Child Visitation Lawyer Can Help You
A Lakewood Ranch, Sarasota, Bradenton, and Venice, Florida timesharing lawyer near you can provide crucial support in navigating Florida’s custody and visitation laws, as well as creating a solid parenting plan that protects both your child’s well-being and your parental rights. Under Florida Statutes § 61.13, every parenting plan must outline how each parent will share time and decision-making responsibilities. A trusted, skilled, and experienced family law lawyer like Attorney Matthew Z. Martell will help you draft a clear, detailed plan that covers daily routines, holidays, school, medical care, and communication—reducing the risk of future disputes. If disagreements arise, then a highly rated divorce attorney like divorce lawyer Matt Martell ensures your side is presented clearly, supported by strong evidence and legal reasoning.
Mr. Martell will also guide you through mandatory mediation, helping you negotiate effectively while keeping the child’s best interests at the forefront. Should your case go to trial, a trusted and experienced divorce lawyer near you such as Matthew Z. Martell, Esq. can represent you in court, present witnesses, and tailor a legal strategy to your local judge’s expectations. Most importantly, he can help you avoid procedural mistakes that can delay or damage your case.
What to Expect At Your Initial Office Consultation
At your Initial Office Consultation with a Lakewood Ranch, Sarasota, Bradenton, and Venice, Florida divorce timesharing lawyer Matt Martell, Esq., bring any court documents, parenting plans, orders, or motions you’ve received or filed. Include anything that shows your involvement with your child, like school or medical records. Be honest about your situation and goals— your divorce lawyer needs the full picture to give sound legal advice under Florida Statutes § 61.13. You’ll discuss how the law applies, your legal options, and possible next steps, whether that’s modifying a parenting plan, establishing one, or enforcing one. This trusted and experienced divorce attorney will also explain timelines and costs. You won’t be pressured to act right away—the goal is to understand your position clearly.
Frequently Asked Questions About Parental Responsibility and Timesharing in Lakewood Ranch, Sarasota, Bradenton, and Venice, Florida
How do I get shared parental responsibility in Florida?
You ask the court to award shared parental responsibility when you file divorce petition or your divorce counterpetition, and your proposed parenting plan. Manatee County and Sarasota County, Florida courts usually strongly favor shared responsibility under Florida Statutes § 61.13 unless it would be harmful to the child. Both parents must be able to communicate and make joint decisions about major issues.
Can I stop the other parent from seeing our child?
Not without a court order. You can’t deny timesharing unless the court has suspended it or there’s a legal emergency. Violating a timesharing schedule can backfire and may lead the court to change the timesharing and/or parental responsibility arrangement against you.
What if my child doesn’t want to see the other parent?
The court may consider the child’s preference under Florida Statutes § 61.13, but only if the child is mature enough. It has been our experience that local family court judges and magistrate in Manatee County and Sarasota County do not like to do this and very rarely allow it. The judge will also look at why the child feels that way and whether one parent is influencing the child’s opinion unfairly.
Do I have to go to court to change my parenting plan?
Yes. After it becomes permanent, to make changes, you need to file a Supplemental Petition to Modify Parental Responsibility and/or Timesharing under Florida law. The change must be substantial, material, and not something expected when the original parenting plan was created, executed, initialized, notarized and then ratified and approved as a court order by the judge.
Can I move out of Sarasota, Lakewood Ranch, Bradenton, or Venice, Florida with my child?
Only if you follow the process set forth in Florida Statutes § 61.13001. If the move is more than 50 miles away and lasts more than 60 days, you must either get the other parent’s written consent first or file a petition for relocation which is subsequently approved by the court on at least a temporary basis.
What happens if the other parent doesn’t follow the parenting plan?
You can file a motion for enforcement or contempt. The court may order makeup time, fines, or other penalties. Judges take violations of court-ordered timesharing seriously and can change the parenting plan if it continues.
Do I need a family law lawyer to handle parental responsibility issues?
You’re not required to have a lawyer, but it’s strongly recommended. These cases involve complicated laws, deadlines, and evidence rules. A trusted and experienced family law attorney near you like Matt Martell can protect your rights and help you avoid costly mistakes.
Will I lose parental responsibility if I don’t have majority timesharing?
No. Timesharing and parental responsibility are separate. Even if the child lives with the other parent most of the time, you can still share decision-making rights unless the court finds it’s not in the child’s best interests.
What’s the difference between timesharing and custody?
Florida law no longer uses the word “custody.” Instead, it talks about parental responsibility (decision-making) and timesharing (how much time the child spends with each parent). These are both addressed in the parenting plan under Florida Statutes § 61.13.
Can the court make me pay the other parent’s legal fees?
Yes, in some cases. Florida courts can award attorney’s fees if there’s a large difference in income between the parents or if one party acts in bad faith during the case. This is done under Florida Statutes § 61.16.
Sarasota, Lakewood Ranch, Bradenton, and Venice, Florida Parental Responsibility Lawyer | Custody Attorney
If you’re facing a serious dispute over parental responsibility or timesharing, you already know how emotionally and legally difficult it can be. Maybe you’re being kept out of important decisions about your child’s life. Maybe your time with your child is being unfairly limited—or you’re worried that it will be. These situations can leave you feeling powerless, frustrated, and uncertain about what to do next. At the Law Offices of Matthew Z. Martell, P.A., our trusted and experienced Sarasota family law attorneys understand exactly what you’re going through. With years of focused experience in parental responsibility and timesharing in divorce cases, we’re here to step in, take the legal pressure off your shoulders, and work relentlessly to help you regain control and protect your relationship with your child. You don’t need to go through this alone. Contact the Law Offices of Matthew Z. Martell, P.A. by calling (941) 556-7020 or contacting us online to see if you qualify for our 15 minute free initial phone consultation. Talk with a Lakewood Ranch, Bradenton, Anna Maria Island, Sarasota, Siesta Key, Casey Key, and Venice, Florida divorce custody attorney who will take your concerns seriously and fight for what matters most.
