Pro
- Each year, cases are tied up in court to establish a right to see children that parents would automatically have if they were married.
- An equal time presumption promotes Florida’s existing policy of frequent contact after divorce.
- Equal timesharing puts the burden on the parent opposing equal timesharing, changing the dynamics of custody litigation.
- Equal timesharing is consistent with Florida’s existing no-fault concept.
Con
- Requiring every family to have equal timesharing is like requiring every family to wear a size 4 shoe. Not every family fits.
- The presumption creates a uniform rule where the flexibility of ‘the best interest of the child’ is needed.
- Requires courts to focus on QUANTITY of time instead of QUALITY of time.
- Requires courts to focus on what’s best for the parents instead of what’s in the child’s best interest.