Long-Distance Timesharing

When divorcing in the State of Florida, if there are children mutual to the parties, you will need to reach an agreement as to a parenting plan. A parenting plan is an agreement created by parents or the Florida court that outlines the custodial rights and responsibilities you will have upon your divorce. If you and your spouse can mutually agree on a plan, it will then need to be approved by the court. If the two of you cannot come to an agreement, the Florida Court will implement its own plan based on the best interests of the child(ren). See Florida Parenting Plan Forms. A long-distance parenting plan is the same, with the only difference being one parent lives more than fifty (50) miles away. Whether the Florida court is implementing their own plan, or they are reviewing your proposed plan, the court will have specific factors to consider. See Florida Statute 61.13. Under Florida Statute 61.13, the court will consider (among others):

Each parent’s ability to ascertain the specific needs of the child and take the appropriate actions to address those needs;
The emotional, mental, and physical health of each of the parents;
The educational and developmental needs of the child; and
Each parent’s ability to provide a stable residence and home life for the child;
Each parent’s ability to maintain a close emotional relationship with the child;
The geographic location of each of the parents in relation to the child;
Any evidence of abuse, neglect, or abandonment of the child;
Any other facts or circumstances that impact the well-being of the child.

In the event you and your future ex-spouse will be living more than fifty (50) miles away, or after you divorce, one parent moves more than fifty (50) miles away, you will enter what is known as a “long-distance parenting plan.” See Florida Long Distance Parenting plan Form. A modification of your current plan is required by the Florida courts in the event one parent is relocating under Florida Statute 61.13001. See Florida Statute § 61.13001. Just as any other parenting plan, this one will outline decision making, scheduling, holidays, school, communication, etc. Because timesharing may be infrequent when a parent lives far from one another, your plan can include information about how your child will stay connected to the nonresidential parent. If one parent lives more than fifty (50) miles away, it will be inevitably more difficult for timesharing to occur. The court will still attempt to keep the timesharing as close to 50/50 as it can, unless there are other circumstances, or the parents agree otherwise. It is typical for one parent to have the child(ren) during the school year as their education and stability are the most important. The long-distance parent would then get weekends depending on their location, holidays, time off from school, and the school breaks. It is very common for the long-distance parent to be awarded almost the whole summer break to make up for time missed as that is the largest chunk of time on a child’s calendar. It is important to remember every case is different, and the courts will determine the plan that is best for you and your family on a case-by-case basis. If you or someone you know is seeking advice on divorce or child custody matters, you can speak with one of our family law attorneys at the Yaffa Family Law Group at 561-276-3880 or visit our website at www.yaffafamilylawgroup.com to schedule your confidential complimentary consultation.

Frequently Asked Questions

How long does a divorce take in Florida?

In Florida, an uncontested divorce can be finalized in as little as 3–4 weeks, while a contested divorce may take 6 months to over a year depending on the complexity of the case and the court's schedule.

Do I need a lawyer to get divorced in Florida?

While Florida law does not require you to hire an attorney, having an experienced family law attorney significantly improves your chances of achieving a fair outcome, especially in complex cases involving assets, children, or spousal support.

How is property divided in a Florida divorce?

Florida follows the principle of equitable distribution, meaning marital assets and debts are divided fairly — though not always 50/50. Courts consider factors such as the length of the marriage, each spouse's financial contributions, and future earning capacity.

What is the first step in filing for divorce in Florida?

The first step is filing a Petition for Dissolution of Marriage with the circuit court in your county. You'll also need to serve your spouse with the petition and financial affidavits. Consulting an attorney before filing helps ensure you protect your rights from the start.

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Child Custody & Divorce practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.

Long-Distance Timesharing

Frequently Asked Questions

How long does a divorce take in Florida?

Do I need a lawyer to get divorced in Florida?

How is property divided in a Florida divorce?

What is the first step in filing for divorce in Florida?

Free Guide: 10 Things To Do Before Filing For Divorce

Doreen Yaffa

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