You’re getting divorced, and you have kids. This is all new territory for you. Get ready to hear a ton of words you’ve never heard before. Or maybe you’ve heard them, but never needed to know the definition.
The onslaught of legalese and new rules can be an overwhelming addition to an already tumultuous situation. Let’s take a trip down Memory Lane to your grade school “vocab” days. Familiarize yourself with some of these key terms and what they mean – so whether you’re talking to your ex, your attorney, or the court, you’ll feel more prepared and more confident.
And as always, should you have any questions about what ANY divorce or custody terminology means, contact my office and I’ll be more than happy to assist you.
Today we’re going to answer the question, What’s the difference between Shared Parental Responsibility and Timesharing?
Shared Parental Responsibility
In a previous post, we wrote:
Shared parental responsibility is a court-ordered relationship in which both parents retain full parental rights and responsibilities and in which both parents consult with each other to make major decisions affecting the welfare of the children. The concept of shared parental responsibility is intended to protect the children’s right to an ongoing relationship with both parents.
Each parent has the right and responsibility to make day-to-day decisions regarding the children’s care, maintenance, and welfare while the children are in his or her care. The parents confer with one another on questions related to religious upbringing, discipline, financial matters, moral training, social and recreational activities, and non-emergency medical and dental care. Each parent takes an active role in providing a sound moral, social, economic and educational environment for the children and in amicably resolving any disputes that arise.
Here’s what’s required of Jupiter, Florida parents:
- To conduct themselves in a way that promotes the welfare and best interests of the children
- To promptly notify the other parent of any serious illness or accident affecting the children
- To promote a good relationship between the children and the other parent
- To ensure the children have unimpeded contact with and free access to both parents
- To not belittle the other parent or discuss the divorce in front of the children (basically anything that would hurt the kids’ opinion of the other parent)
Timesharing
Several years ago in an effort to eliminate stigmas attached to divorced parents and encourage Florida courts to craft custody arrangements that allow BOTH parents a greater role in their children’s lives, the State of Florida replaced the terms “visitation” and “primary residential parent” with “timesharing.” Even the term “custody” is no longer used in Florida family law statutes.
Florida family law statute 61.13 requires that divorcing parents establish Parenting Plans, written agreements as follows:
“Parenting plan” means a document created to govern the relationship between the parties relating to the decisions that must be made regarding the minor child and shall contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parties, including the parties’ historic relationship, domestic violence, and other factors must be taken into consideration. The parenting plan shall be developed and agreed to by the parents and approved by a court or, if the parents cannot agree, established by the court.
…
(b) Any parenting plan approved by the court must, at minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child, the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent, a designation of who will be responsible for any and all forms of health care, school-related matters, other activities, and the methods and technologies that the parents will use to communicate with the child.
The difference between shared parental responsibility and timesharing is, shared parental responsibility has nothing to do with where the child lives or spends most of his or her time, and timesharing is exactly that – where the child spends his or her time and with which parent, when. Unlike “custody” terminology like “sole custody” or “joint custody”, terms that reflect the type of timesharing schedule parents may have include “majority timesharing” and equal timesharing.”