In a typical Florida divorce case, parents will argue before the court why they are suited to have certain periods of timesharing or custody of minor children. Sometimes, the parents are in agreement; other times, each argues for more time or custody than the other should receive.
Yet, assuming their arguments are based in fact – not trumped up fiction or denigration of the other parent, the courts use a fairly standard matrix to weigh the merits and render a decision.
Florida law historical has been fairly specific on what’s elements guide such a determination. That faced changes as the Florida Legislature weighed – along with changes in lifetime alimony – the establishment of a presumption that 50/50 timesharing was in the best interests of the child. As with the alimony argument, many family law attorneys and courts prefer such discretion is left to family court judges, and not legislators.