I was going for 50/50 with every other 2 weeks alternating, but because of certain circumstances, I believe I need more for the well being of the child.
Residential Real Estate Lawyer
If you work, try submitting a plan that incorporates your work schedule with as little outside child care as possible.
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Divorce / Separation Lawyer
Time-sharing is determined by the court based upon the best interests of the child. If you want more than 50/50, you have to prove this is in the best interest of the child. Your ability to prove this will vary based upon the discretion of the court. It is generally a extremely good idea to speak to a family law attorney in the area that is extremely familiar with your judge to determine first how that judge feels about 50/50 or more time-sharing arrangements. Some judges are old fashioned and do not feel this is in a child's best interest, while others feel that the statute seems to dictate that they should start with a 50/50 time-sharing arrangement unless someone proves otherwise.
That said, finding a 60/40 time-sharing (Florida does not use the term custody anymore) plan that will fit your needs really depends on various factors. First, how far apart do you and the other parent live from one another. For example, do you both live close enough to get the child to school or daycare each time you exchange the child. Second, how old is the child. Often the younger the child, the less time the court wants that child to go without seeing one of the parents. The older the child, the more likely the child can go a week or two or even three without seeing a parent.
In order to make a 60/40 schedule one parent needs to get 146 days and the other 219 days. If you are close enough to each other, I just did one agreement where the father got the children every other weekend from Friday night through Monday morning (taking the children to school) every other weekend (roughtly 60 days when you take out certain weeks for holidays, etc.). When the father did not have the weekend he would get one weekday overnight (amounting to 19 more overnights (when you subtract for summer timesharing and holiday timesharing). They would split the 3 day weekend holiday from Friday night to Tuesday Moringing (usually 8-12 days a year). The father also got the full Thanksgiving Break or Easter Break each year (another 7 days if you average it out). He also got 1/2 of the Christmas break (another 7 days or so). Then they split the summer break (approximately 40 days or so). That put him at almost 40%.
The best way to get a 60/40 schedule that works for you and your family is to sit down with a calendar and a school year holiday calendar and first decide who will get each holiday. Put that on the calendar and count the days. Then when you know that figure, try to work out a summer plan and school schedule that gets you the desired 146 days to 219 day result you seek.
Also it is worth mentioning that many people seek the 40% timesharing mark becuase the law used to require a 40% time-sharing schedule to obtain the grossing up (reduced) child support calculations. However, the law has changed and this method is now used with as little as 20% of time-sharing. Therefore, if one part gets slightly less than 40% now, it is not as much of a finacial consideration as it once was.
Hope this helps. Please call me if I can assist you further.
Penny Taylor-Miller, Esq.
Cindy S. Vova, P.A.
8551 W. Sunrise Blvd.