My fiancé’s baby mama wants to do 50/50 custody with him, but she wants to only give him his kids every weekend and for the whole summer. Would this be an optional parenting plan? He wants the kids every other week and does not agree with her.
Dear Anonymous:
Florida law changed in July, 2023 as to timehsaring between parents. There is now a presumption that BOTH parents are entitled to 50/50 timesharing, subject to a number of factors that could persuade the court to give one parent less than 50/50 timesharing. However, the burden of proving that a parent should not have 50/50 time with children is on the parent who is objecting to this arrangement.
In your fiance's situation, he certainly does not have to accept the child's mother's proposition for timesharing, and he can go to court and, subject to the child's mother proving otherwise, get the 50/50 timesharing he desires.
As to the alternating week schedule, that is a possibility. Another common schedule is where the parents split the week, with one parent having Mondays and Tuesdays and the other parent having Wednesdays and Thursdays and the parties rotating the weekends from Fridays (usually after school or child care) until Monday mornings. The Court will look at what is best for the child, including, if applicable, a parent's work schedule.
So since your finace wants 50 percent of the time with his child, then he should pursue that because the law is on his side.
Best of luck.
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Miami-Dade: 954-316-3496
Boca Raton/Palm Beach: 561-962-2785
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