Why Visitation and 2 Types of Child Custody Might Not be Valid: and the Presumption of a 50/50 Time Split

Numerous States award shared custody, with both female and male parents each granted a full 50% of the time with their children.

Jennifer Milne, an experienced legal expert of South Florida Legal Rescue, shared her experienced insights with Christy O’Connor for LegalYogi.com, to point out that evolution of thinking in the courts is the result of a good thing: now there is much more of a focus on a balanced and fair approach to co-parenting.

From Custody to Collaborative Parenting: Attorney Milne's Perspective

Attorney Milne, who practices in the Marital and Family Law section of the Florida Bar Association, observes that Florida’s adoption of the term “time-sharing” over “custody” is meant to mean a lot more than what it says. It means going far enough to change the attitude of legal systems towards divorced or separated parents.

Milne argued that with the standard paradigm of custody, a parent is placed in a secondary, visitor-like relationship with his child—an injustice to the whole parent-child relationship. Time sharing focuses, rather, on shared responsibilities for both parents, ensuring the children enjoy a healthier and more involved relationship with parents.

Equality in Parenting: A Hallmark of Florida Family Law

Milne appreciates the legal system of Florida for its progressive view to provide equal rights to the parents without any gender-biasness for the children. Florida takes a stand toward the presumption of 50-50 time-sharing, which is fighting for equal involvement from each parent.

That’s pretty simple, though it can be readily contested if one of the parents deems the other as unfit. From that, the bottom line that seems to come through with Milne’s explanation is that Florida law would seem to ensure both parents have an equal chance of being heard in a proper, fair, and even-handed manner so that the child’s best interests are what hold together any arrangement between the parents.

The Rebuttable Presumption of Equal Time-Sharing

Taking a closer look at what exactly this means, according to Attorney Milne, though there is no such term as “50-50 timesharing” written in black and white, the idea underneath it is that there should be equal, fair sharing between the parents to divide the time spent with their children.

And this paradigm would challenge the conventional norms wherein non-custodial parents would at the most only have restricted interaction, usually considered to be between alternate weekends and a mid-week visit. 

Milne stressed that, under the existing legal framework, parents would only seldom be permitted to apply for departure from an equal time-sharing arrangement.

That’s why this is an important concern for parents after divorce and poses a legal challenge for most of them. You can get a legal consultation regarding this from any Legal Yogi lawyer by scheduling a consultation with us.

gender bias in child custody cases

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Conclusion: Valuing Both Parents' Roles Through Time-Sharing

Jennifer Milne’s understanding as a Family Law Attorney about the Florida transition from custody to time-sharing in Florida exposes a state that is at the frontier of co-parenting.

It ensures that, in line with the best interests of the child, the child gets to benefit from strong and loving relationships from both parents through shared responsibility and equal involvement. Florida family law makes provisions for the parents.

And finding or seeing these changes that take place before our eyes, one can come to the conclusion that such service is definitely a must for those in need to grasp or navigate through the mazes of legalities in the matter of family law.

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