While the courts are moving away from automatically assigning Father’s a weekend only relationship with their children, an equal timesharing schedule is not always easy to obtain. The Court must consider all of the factors in Florida Statute 61.13(3)(a-t) in order to determine the best timesharing schedule for the children. In some families, the parental roles have been divided along traditional lines, with the Mother being responsible for the bulk of the child rearing and the Father being responsible for the household. However, with many families, both parents work and the responsibilities are shared.
When a couple decides to separate, there are many things that the Court will consider. To have the best chance of receiving an equal timesharing schedule, you should become familiar with the statutory requirements for the Court and also to start the separation with as much time as you can get with your children. If your ex resists, you should file a Motion for Temporary Timesharing as soon as possible and continue to ask for additional time, in writing. Once you get to court, you can then show the judge that you have been requesting the time but your ex is not allowing it.
You should also become familiar with the children’s doctors, teachers, coaches, and schedules. If you have not regularly communicated with these people in the past, introduce yourself (you can send a simple email). Let them know that there are changes to your family structure and that you are available and wanting to take an active role in your children’s activities. If you are able to do so, now is a good time to volunteer to assist in the classroom or at an extra-curricular activity. Get involved early and stay involved. Even if you and your ex historically split the parental responsibilities differently, showing that you are ready to take on your new role will go a long way towards showing the Court that you are able to participate in an equal timesharing schedule.
A parent requesting equal timesharing must be sure that they are able to arrange their schedule in order to assume these responsibilities. For example, if your work schedule requires you to start prior to school or stay much later than daycare ends, what is your plan to arrange for child care until you return home? Does your job require you to travel or to be on call for emergencies? Do you have competent, reliable support in the event that you are unable to be home? When you are working as a couple, it is natural for both parents to fill these roles, but once you separate, you may not be able to routinely count on you ex to provide back-up. You will need to show the Court that you are ready to handle all of the challenges that come with equal timesharing. It is always helpful to be able to put your feelings for the other parent aside and work together for the benefit of the children.