Can You Force a Parent to Timeshare?

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, March 7, 2016.

It may seem like an off-topic post when there’s a timesharing bill to make equal timesharing law. But what about the other extreme, the parent who refuses to visit at all, can you force it?

Briefly, no. However, Florida Statutes do incentivize, motivate and encourage timesharing. For example, when a parent fails to regularly exercise time-sharing, the amount of child support can be adjusted as if it was a substantial change of circumstances.

Additionally, the modification of child pursuant is retroactive to the date the non-timesharing parent stopped regularly exercising the time-sharing schedule.

Another incentive for timesharing is to craft the agreement in such a way that if a timesharing parent misses their scheduled visit, they pay for the costs associated with having to cover timesharing. For instance, if you have to hire a babysitter for that time, that should be covered in your agreement.

I’ve discussed timesharing recently. Florida has been debating several bills in the legislature that would make equal timesharing the premise for all timesharing plans.

In fact, the Florida alimony reform bill just passed the Senate late last Friday, in a 24-14 vote. The bill is joined by a sister bill in the House, which was added to Special Order Calendar for today.

The bills, which would take effect October 1, 2016 would not only set calculation guidelines for judges to set alimony, but would make equal timesharing the start of court-ordered parenting plans.

Lost in these debates over equal timesharing is the very real problem of parents who do not timesharing with their children at all. We sometimes forget in the battle for equal timesharing that timesharing has to be forced in many instances.

However, forcing a parent to timeshare is a difficult topic. As a policy, we want both parents to timesharing with children. Timesharing is good for the kids, and allows the other parent a breather.