How Long Does a Timesharing and Parental Responsibility Agreement Last in Florida?

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Sometimes emotions run so high in divorces that co-parenting is impossible. A Florida temporary time sharing and parental responsibility agreement can provide a solution until the parties settle or the court makes a permanent time sharing and parental responsibility determination. There are other situations that may also warrant temporary rulings on time sharing and parental responsibility.

What Is a Florida Temporary Time Sharing and Parental Responsibility Agreement?

Temporary custody is an arrangement in which a family court grants parental time sharing and rights to a parent or non-parent for a period of time. A person with temporary parental responsibility has the legal authority to make decisions about the child’s health, education, and well-being, including:

  • Accessing information about the child, such as medical and educational records and other legal documents
  • Making health care decisions and consenting to medical treatment
  • Enrolling the child in school and having access to related information

When Is An Order on Temporary Time Sharing and Parental Responsibility Necessary?

Temporary custody (consisting of time sharing and parental rights) may be necessary in contested divorces, paternity cases, and custody battles when the parents can’t arrive at a mutually acceptable arrangement while the legal process is pending. In such cases, you or your spouse can petition the court to issue a temporary child custody order for the duration of the proceeding.

The court may also issue a Florida temporary custody order if it finds the parents can’t or won’t care for the child and a placement with an extended family member is in the child’s interest. Reasons a parent can’t or won’t care for a child include:

  • The parent is serving in the military
  • The parent has a severe illness or condition 
  • The child has been living with an extended family member who needs authority to make legal decisions on their behalf
  • The child requires special care the parent can’t provide
  • The parent is unfit or unable to care for the child
  • The parent abandons the child
  • There is abuse or neglect on the part of the parent

Who Can Have Temporary Parental Responsibility and Time Sharing?

Florida courts may grant temporary legal custody to one of the parents, an extended family member, or a person who qualifies as “fictive kin.”

Extended family members who may have temporary custody include:

  • Grandparents
  • Great-grandparents
  • Aunts and uncles
  • Siblings
  • Nieces or nephews
  • First cousins
  • Step-parents married to a legal guardian of the child

In addition, “fictive kin” are people unrelated by birth, marriage, or adoption to a child who nonetheless have an emotionally significant relationship with the characteristics of a family relationship with the child.

How Long Do These Temporary Rights Last?

In divorces, custody battles, and paternity cases, temporary custody generally lasts until the parties agree to a settlement or the court makes a final determination on time sharing and parental responsibility.

Temporary custody granted to an extended family member has no predetermined end date. While the court could set an end date in some cases, there is generally no expiration date for the temporary custody order.

The temporary custody may end when the extended family member voluntarily relinquishes custody back to one or both parents or the parents petition the court to end the temporary custody order. In either case, however, the court will determine what is in the child’s interest. If the judge finds that temporary custody with an extended family member is optimal for the child, they will deny the parent petition.

Dealing With Temporary Time Sharing and Parental Responsibility Issues? Call Divorce & Mediation Law Firm 

The divorce process is never easy but can be especially challenging if there are custody disputes. If you need help petitioning for or contesting a Florida temporary custody order, call our team at Divorce & Mediation Law Firm | Cabanas Law Firm.

With more than 60 years of combined experience in family law, we can provide you with competent legal advice and advocate for your interest. Call (954) 447-2580 or contact us online to schedule your appointment.

Copyright © 2024. Divorce & Mediation Law Firm | Cabanas Law Firm. All rights reserved. 

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Divorce & Mediation Law Firm | Cabanas Law Firm
18503 Pines Blvd, Suite 301
Pembroke Pines, FL 33029
(954) 447-2580

Sergio Cabanas, Esq. | Family Law Attorney | Cabanas Law Firm

Sergio Cabanas, Esq. founded the Cabanas Law Firm in 2006 and provides Divorce and Family legal services, as well as Estate Planning, to ensure his clients have planned for their newly single life and are protected after their divorce. He began his career in law in 1992 as a prosecuting attorney at the Broward County State Attorney’s Office, then continued his litigation track as an insurance defense attorney defending medical professionals against medical malpractice claims and expanded into disability and life insurance claims. Sergio is a Certified Mediator registered in the Supreme Court of Florida and a frequent speaker in the community about the importance of Estate Planning to keep families out of probate court and to prepare essential instructions in the event of disability or incapacity.