Prior to October 2008, determination of child custody included a number of factors related to determination of visitation schedules, deciding who should be the primary residential/custodial parent of the child, and determining the type of custody (time sharing or rotating custody). Since October 2008, the Florida legislature amended Chapter 61 of the Florida Statute and abolished the custodial designations of a primary residential parent (i.e. custodial parent), secondary residential parent (i.e. non-custodial parent) and rotating custody.

Florida now refers to custody as "time-sharing" of minor children amongst both parents. A time-sharing schedule generally sets forth the time that each parent will spend with the minor children during the week and during the weekends as well as where the minor children will sleep during the night. A time-sharing schedule will generally also address breaks such as Winter Break, Spring Break, Summer Break, holidays such as Christmas, Easter, Hannukah, long weekends such as Memorial Day and Labor Day along with birthdays, Mother's Day and Father's Day.

In creating a time-sharing schedule, the court will look at the moral fitness of the parents, demonstrated knowledge, capacity and disposition of each parent to be informed of the circumstances of the minor child, evidence of domestic violence, sexual violence, child abuse, child neglect or child abandonment and various other statutory factors. Attorney Sandy T. Fox can help you understand all of the statutory factors, your options and evaluate what would be in the best interests of your child.