West Palm Beach Time-Sharing Lawyer
If you live in West Palm Beach and a parenting schedule is about to be decided for your children, the choices made now will govern school mornings, holidays, and summers for years. Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, and as a West Palm Beach time-sharing lawyer team we represent parents throughout Palm Beach County and Broward County, in both first-time custody cases and disputes over existing plans.
Florida no longer uses the word “custody” in its statutes. The court decides parental responsibility (who makes major decisions about education, health care, and religion) and time-sharing (the schedule of when each parent has the child). The framework shifted in a meaningful way when HB 1301 was signed in June 2023: Section 61.13 now carries a rebuttable presumption that equal time-sharing serves a child’s best interests. That is a starting point, not a guarantee, and how the presumption is argued, rebutted, or protected is where a good deal of the legal work happens.
What the Equal Time-Sharing Presumption Does and Does Not Do
The presumption means a judge begins from the idea that a child benefits from roughly equal time with each parent. A parent who wants a different arrangement must present evidence that equal time is not in the child’s best interests, and a parent who wants equal time can lean on the presumption without proving much at the outset. It does not remove the judge’s discretion, and it does not apply the same way to every family.
Judges still look at the practical picture: each parent’s work schedule, the distance between homes, the child’s age and school routine, each parent’s history of caring for the child day to day, and whether each parent supports the child’s relationship with the other. A toddler and a high school sophomore do not need the same schedule, and a parent who travels for work three weeks a month cannot realistically carry a week-on, week-off rotation. Evidence of domestic violence, substance abuse, or an inability to put the child’s needs first can also change the analysis.
Time-sharing also feeds directly into money. Under the child support guidelines in Section 61.30, the number of overnights each parent has affects the support calculation, and a parent who exercises at least 20 percent of overnights, roughly 73 nights a year, receives a time-sharing adjustment. Fights over a few extra nights per month are therefore sometimes about more than the calendar, which is one reason we look at the parenting plan and the support worksheet together.
Why Choose Williams & Varsegi, LLC for Time-Sharing Disputes
Williams & Varsegi, LLC is a boutique family law firm with over twenty years of experience, serving clients across Palm Beach County and Broward County, including West Palm Beach, Boca Raton, Delray Beach, Coral Springs, and Parkland. Emerald Williams, Lawyer, and Katie lead the firm’s work, and clients work directly with experienced attorneys who know their case rather than being passed along to someone unfamiliar with it. The firm handles everything from high-net worth, high-conflict matters to uncontested and simplified cases, so a time-sharing plan is built with the rest of the family’s circumstances in view.
Because the firm practices exclusively in divorce and family law, the attorneys know how Palm Beach County family courts handle parenting disputes and bring extensive courtroom experience to cases that cannot be settled. They are skilled negotiators and experienced litigators, which matters in time-sharing work: many plans are best resolved through mediation or collaborative negotiation, but a parent should be represented by lawyers who are fully prepared for a contested hearing if talks stall. Client reviews of the firm repeatedly point to responsiveness, knowledgeable guidance, and a process that felt smoother and less anxious, and the firm carries a 5-Star Rating from clients.
Common Time-Sharing Disputes We Handle
- Initial Parenting Plans in Divorce: Every divorce involving minor children requires a parenting plan covering the time-sharing schedule, holidays, school decisions, and communication between households. Parents who agree can submit a plan together; parents who do not will have one set by the court.
- Unmarried Parents and Paternity Cases: Parents who never married still need a court-approved plan to enforce a schedule. Time-sharing is decided under the same best-interests framework as in a divorce.
- Modification of an Existing Plan: Changing a plan requires showing a substantial and material change in circumstances. The Legislature removed the old requirement that the change be unanticipated, which makes the standard somewhat easier to meet than it once was, though the change must still be real and significant.
- Relocation Requests: Under Section 61.13001, a relocation means a move of at least 50 miles from the prior residence lasting at least 60 consecutive days. Short absences for vacation, education, or a child’s health care do not count.
- Irregular Work Schedules: South Florida’s hospitality, aviation, healthcare, and public safety jobs often mean nights, weekends, and rotating shifts. We build schedules around shift work, and we handle cases involving physicians, federal employees, and police and fire personnel.
- Holiday, Summer, and Travel Provisions: Disputes often turn on details such as who has the child on school breaks, how international travel is approved, and how exchanges happen between homes.
- Parental Responsibility and Decision-Making: Courts can order shared parental responsibility or, in limited circumstances, give one parent final say on certain decisions. The allocation affects schooling, medical care, and counseling choices.
- Enforcement of Time-Sharing Orders: When one parent withholds the child or repeatedly ignores the schedule, the other parent can ask the court to enforce the order.
What to Do Now If Time-Sharing Is Being Decided or Contested
Start by documenting what you actually do as a parent. Judges respond to specifics: who takes the child to school and to the pediatrician, who attends teacher conferences, who handles activities and bedtime routines. A calendar showing your real overnights over the past several months is often more persuasive than a general statement that you are very involved. Keep communications with the other parent civil and in writing where possible, since messages and emails can end up in front of a judge.
Do not change the arrangement unilaterally. Keeping a child from the other parent, or moving out of the area before a plan is in place, tends to damage credibility. If you are considering a move, know the relocation rules first: where a parenting plan is in place, a move of 50 miles or more for at least 60 days generally requires either written agreement or court approval. If you are served with a petition to relocate, a written objection must be filed and served within 20 days of service, and missing that deadline can be costly. Absent good cause, the court must hold a temporary relocation hearing within 30 days of the motion and a nonjury trial within 90 days of the notice.
Cases from West Palm Beach are heard in the Fifteenth Judicial Circuit’s Family Court, which handles divorce, child support, time-sharing, and related matters for Palm Beach County. Clerk locations are open Monday through Friday during standard business hours. Florida requires parents in a dissolution case with children to complete a parenting course, and the court may order mediation before trial; many time-sharing disputes settle there. Where safety is a concern, a domestic violence injunction can be sought even while another case is pending, though the pending case must be disclosed in the petition. An ex parte temporary injunction lasts for a fixed period not exceeding 15 days, and the court sets a full hearing at the earliest possible time.
Finally, talk to a lawyer before you sign a parenting plan or agree to a temporary schedule. Early agreements often become the baseline a judge relies on later.
How Judges Decide Contested Parenting Plans
When parents cannot agree, the judge weighs a list of statutory factors centered on the child’s welfare. These include each parent’s ability to facilitate a close relationship between the child and the other parent, the demonstrated capacity to be informed about the child’s school and medical needs, the stability of each home, the geographic viability of the schedule, and the child’s developmental needs. A parent who speaks negatively about the other in front of the child, or who blocks contact without cause, often hurts their own position.
In more contentious cases, the court can appoint a guardian ad litem to represent the child’s interests, order a social investigation of each household, or appoint a parenting coordinator to help implement the plan. These tools can be useful, but they add cost and time, and the reports that come out of them carry real weight. Preparing a client for interviews and home visits is part of our work.
Modification works differently from an initial order. Because a plan is meant to bring stability, a parent seeking a change must show a substantial and material change in circumstances and that the change serves the child. A new job schedule, a child’s changing needs, a parent’s move, or a pattern of noncompliance can each qualify depending on the facts, though a disagreement or a passing disruption usually does not.
Time-Sharing Questions We Hear Often
Does the equal time-sharing presumption mean I automatically get 50/50?
No. It is a rebuttable presumption. A judge starts from the idea that equal time is in the child’s best interests, but the other parent can present evidence that a different schedule fits the child better, and the court makes findings based on the statutory factors.
What is the difference between parental responsibility and time-sharing?
Parental responsibility is the authority to make major decisions about a child’s education, health care, and upbringing. Time-sharing is the schedule of when the child is with each parent. Parents can share decision-making while having an unequal schedule, and the two are decided separately.
How do I change an existing time-sharing schedule?
You must show a substantial and material change in circumstances and that the new schedule serves the child’s best interests. The Legislature removed the requirement that the change have been unanticipated, but the change still has to be meaningful. If both parents agree, a written modification can be submitted to the court for approval.
Can I move away with my child if we have a parenting plan?
If the move is at least 50 miles from your prior residence and will last at least 60 consecutive days, it is a relocation under Florida law and generally requires written agreement or court approval. Temporary absences for vacation, education, or a child’s health care are excluded.
How long do I have to object to a relocation petition?
A written objection must be filed and served within 20 days after you are served with the petition. Missing it can allow the relocation to be treated as unopposed, so speak with a lawyer immediately upon being served.
How does time-sharing affect child support?
Overnights are an input in the guideline calculation under Section 61.30. A parent with at least 20 percent of overnights, roughly 73 nights per year, receives an adjustment, so shifting even a modest number of nights can change the support figure. The guideline amount is presumed correct, and deviations of more than five percent require written findings.
What if the other parent refuses to follow our schedule?
Keep a log of missed exchanges, denied visits, and any messages explaining them. A parent can ask the court to enforce the order, and repeated noncompliance can itself be a basis for modification. Self-help, such as withholding the child in return, tends to backfire.
Will a judge ask my child which parent they want to live with?
A child’s preference can be one consideration, depending on age and maturity, but the child does not decide. Judges are cautious about putting children in the middle, and a guardian ad litem or other neutral can sometimes gather a child’s views without a courtroom appearance.
Do unmarried parents have the same time-sharing rights?
Once paternity is established, both parents are on equal legal footing and time-sharing is decided under the same best-interests standard. Without a court order, however, there is no enforceable schedule, which is why unmarried parents often need to file.
Can a domestic violence injunction affect time-sharing?
Yes. A domestic violence injunction can restrict contact, and findings of violence are relevant to the best-interests analysis. The injunction process is separate from the family case, and any pending family action must be disclosed in the petition.
Is mediation required before a time-sharing trial?
Florida courts commonly order mediation before trial in family cases, and many parenting disputes settle there. It lets parents shape the schedule themselves rather than leave the decision to a judge, and we prepare clients for it.
Serving West Palm Beach Time-Sharing Clients Across Palm Beach and Broward Counties
We represent parents throughout West Palm Beach, from downtown and the neighborhoods near Northwood and Flamingo Park to Royal Palm Beach, Wellington, Lake Worth Beach, and Palm Beach Gardens. Our work reaches families in Riviera Beach, Jupiter, Boynton Beach, Delray Beach, and Boca Raton, along with Greenacres, Lantana, and communities across the rest of Palm Beach County.
In neighboring Broward County, we serve parents in Coral Springs and Parkland, as well as families across the wider South Florida region who need help with parenting plans, modifications, and relocation disputes. Whether the case belongs in Palm Beach County’s Family Court or Broward County’s, our approach is the same: a parenting plan built around your child’s real life and your real schedule.
Speak With a West Palm Beach Time-Sharing Attorney
If you need a West Palm Beach time-sharing attorney to negotiate a parenting plan, defend an existing schedule, or seek a modification, Williams & Varsegi, LLC is ready to sit down with you, learn your family’s circumstances, and build a plan for your situation. Call to schedule a consultation and talk through what a realistic schedule looks like for your children.
