When parents separate or divorce, the issues of child custody and visitation are usually one of the most contentious issues.  Each parent, of course, usually wants to maintain a close and continuing relationship with their children.  The fundamental question is, "How do we go about doing that under our particular circumstances?"  The answer to that question is best decided by the parents, who intimately know their children.  If the parents cannot agree, then a judge, who does not know either parent or the children, must make a decision based upon the evidence presented and the law, which is set forth in Florida Statute section 61.13.

In most cases, a court will order that parents "share parental responsibility."  That simply means that both parents have the same rights when it comes to making decisions about their children.  Neither parent has greater authority over the other in making decisions about their children.

Prior to October 1, 2008, when a judge ordered that parents share parental responsibility, the judge usually designated one parent as the "primary residential parent."  The primary residential parent was the parent with whom the children spent the most time.  That parent had "custody" of the children.  The other parent was designated as the "secondary residential parent."  The secondary residential parent had "visitation" with the children.  However, changes in Florida law have abolished the concepts of primary residential parents, secondary residential parents, custody, and visitation.

Under current Florida law, judges will still order shared parental responsibility for the children.  However, instead of  primary and secondary residential parents, custody and visitation, the law has been simplified to reflect that there is Mom and Dad, both of whom are entitled to "time-sharing" with the children.  The parents, or the judge, must then decide how much time each parent should spend with the children.

The allocation of time-sharing is set forth in a "parenting plan," which is required by Florida Statute section 61.13.  In the next entry of this series on child custody and visitation, I will discuss the requirements and benefits of parenting plans.  In the meantime, if you have any questions about child custody and visitation, you should contact a qualified Jacksonville area child custody and visitation lawyer to answer your questions.