By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Thursday, February 25, 2016.

A new Senate Bill revises the law on parental timesharing with minor children by making equal timesharing a presumption. This week it cleared the Senate in a 23-15 vote.

I’ve written about Florida’s attempts to make equal timesharing of children mandatory in the past. The new bill creates a rebuttable presumption that approximately equal timesharing with a minor child by both parents is in the best interest of the child.

Under the bill, you may overcome the presumption by providing evidence based on factors that affect the welfare and interests of the child, and the circumstance of the family.

Current Florida law provides a list of factors for the court to consider in establishing or modifying a time-sharing schedule, based on the best interests of the child.

In addition to the factors presently provided in law, SB 250 adds the following:

– The amount of timesharing requested by each parent; and

– The frequency that a parent would likely leave the child in the care of a nonrelative on evenings and weekends when the other parent would be available and willing to provide care.

But the bill may be headed into trouble in the Florida House of Representatives. House leaders are pushing an alimony-reform bill that does not have the same equal time-sharing provision.

House Rules Chairman Ritch Workman, R-Melbourne, said the House is prepared to pass an alimony bill, but is not considering other issues that have “weighed down” past reform efforts.

“We are concentrating on alimony reform,” Workman said. “Anything to do with not alimony is not germane in the House.”

The bill’s sponsor has said the 50-50 child-sharing presumption would create “greater predictability and reliability” in custody cases, replacing the current and vaguer policy of children having “frequent and continuing contact with both parents.”

However, no state has required that courts order equal time-sharing or joint custody of minor children. The presumption creates a uniform rule where the flexibility of ‘the best interest of the child’ may be needed. It requires courts to focus on the quantity of time instead of quality of time, and changes the focus to what is best for the parents instead of what’s in the child’s best interest.

The Sarasota Herald-Tribune article is here.

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, February 23, 2015.

The Florida legislature passed a bill making a presumption of equal timesharing mandatory. The bill was vetoed by the governor. Is another bill likely? If Nebraska is any indication, the answer is yes.

Last week a Nebraska senator introduced a bill that would encourage judges to more fairly divide custody between separated parents, and requires that judges split custody by at least 65/35, unless there are circumstances in a case that warrantless visitation.

The senator says it’s important for kids to have both parents in their lives.

“Parents and kids alike, you know, thrive off of each other. The things that a young lady or a young man get from their parents are different. Moms and dads are different creatures and so it’s good for them to have exposure to both.”

She added that the bill would also benefit extended family members.

“If you’ve got one parent getting significantly less time with their kids, it also means that their grandparents may be getting less time with their kids. I’ve had several grandmothers call me and say hey, my son only gets one weekend a month with his kids which means that I never see my granddaughters.”

Last year I spoke at the FLAFCC regional workshop discussing the pros and cons of the equal timesharing presumption. I’ve also written about it before.

Fifty-fifty timesharing between parents sounds like a great idea, and there are strong arguments for and against a presumption of equal timesharing. Here are some of the arguments for and against a presumption in favor of equal timesharing:

Pro

Each year, cases are tied up in court to establish a right to see their children that they would automatically have if they were married.

An equal time presumption promote 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 time-sharing 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.

With the 2015 Legislative session starting next month, and bills in committee, this is an interesting area to keep your eye on.

The article on Nebraska’s new bill can be found here.

On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Friday, February 7, 2014.

Child custody is on everyone’s mind again as the Florida Legislature prepares for its March 2014 session. Last year, Governor Scott vetoed a bill with a presumption that parents always have equal timesharing with their children. This week I spoke at the FLAFCC regional workshop discussing the pros and cons of that presumption.

Fifty-fifty timesharing between parents may sound like a great idea, and there are strong arguments for and against a presumption of equal timesharing. Here are some of the arguments for and against a presumption in favor of equal timesharing raised at the workshop:

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.

The FLAFCC workshop was well attended. Family lawyers, family division judges, expert psychologists and interested people were able to break out into teams, listen to lectures and watch movies on the issue.

With the 2014 Legislative session starting next month, and bills already in committee, this is an interesting time to keep your eye on this issue.

On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Wednesday, May 29, 2013.

Florida divorce has tons of legal presumptions. This month Governor Scott vetoed a Senate bill that created another one: a presumption of equal timesharing.

Fifty-fifty timesharing between parents sounds like a great idea, and there are strong arguments for and against a presumption of equal timesharing. Here are some of the pros and cons:

Pro

• Each year, cases are tied up in expensive litigation to establish a right to timesharing that, had the parents not been divorced, they would automatically have.
• If we presume children should spend equal time with both parents, it would encourage Florida’s existing policy of frequent contact with both parents after divorce.
• Equal timesharing reduces the amount of custody litigation that takes place in Florida, sparing children from being dragged into the middle of bitter custody battles.
• Equal timesharing puts the burden on the parent opposing equal timesharing, changing the dynamics of custody litigation.
• A presumption of equal timesharing could discourage people from engaging in custody litigation that serves no purpose other than to cause unnecessary expense, and significant unnecessary stress on the other parent.
• Equal timesharing is consistent with Florida’s existing no-fault concept.

Con

• Equal timesharing is unworkable in many families;
• A presumption of equal time can never be implemented;
• The presumption of equal timesharing creates a uniform rule where the flexibility of ‘the best interest of the child’ is needed.
• An equal timesharing presumption won’t lead to an increase in the number of equal timesharing schedules;
• Equal timesharing may force some children into arrangements that is not in their best interests, and focuses the court’s attention on the quantity of parenting time, not the quality of parenting;
• A presumption in favor of equal time might replace the best interest of the child test in decision-making.

So, will equal timesharing save children from custody battles, and lead to more time with both parents? Or is the presumption of equal timesharing just distracting courts from focusing on the quality of parenting and forcing them to only consider the quantity of parenting?

The text of Senate bill 718 can be read here.