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Florida doesn't use the word "custody" the way most people do - it uses timesharing, and the distinction matters in court. At Butash Law Group, we represent parents in initial timesharing determinations and post-judgment modifications throughout Pasco County and North Hillsborough, with direct experience in the family divisions at the Robert D. Sumner Judicial Center in Dade City and the.

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Expertise.com Best DUI Lawyers in Spring Hill (2024)
National Top 100 Trial Lawyers
Expertise.com Best DUI Lawyers in Spring Hill (2025)
Florida Association of Criminal Defense Lawyers
Expertise.com Best Divorce Lawyer in Wesley Chapel
City of .com Premier Service
Expertise.com Best Car Accident Lawyer in Wesley Chapel

How Florida Decides Timesharing - and What That Means for Your Case

Attorney Michael G. Butash, Butash Law Group

Florida law under §61.13 requires courts to evaluate timesharing based on the best interests of the child, weighing roughly 20 enumerated factors. Equal time-sharing is not guaranteed, but Florida courts are required to consider both parents’ ability to support the child’s relationship with the other parent. That standard cuts both ways - and it matters more than most people realize.

Factors courts examine include:

  • Each parent’s demonstrated capacity to meet the child’s daily needs
  • The quality and continuity of the child’s relationship with each parent
  • Each parent’s willingness to honor the timesharing schedule and facilitate the other’s access
  • The geographic feasibility of the proposed plan
  • Any history of domestic violence, substance abuse, or parental fitness concerns
  • The child’s established school, community, and family ties

Knowing which factors apply to your situation - and how to document them - is where legal representation makes a concrete difference. We help you build a factual record that supports your position under the statute, not just a narrative.

What If Your Circumstances Have Changed?

A significant number of the parents we work with are not going through an initial divorce. They have an existing timesharing order that no longer reflects their lives - a job relocation, a change in the other parent’s household, a school district move, or a shift in the child’s needs. Florida law allows modification of timesharing orders when there is a substantial, material, and unanticipated change in circumstances.

The legal bar for modification is real, and courts don’t grant changes simply because one parent prefers a different arrangement. But when the facts support a modification, you have a right to pursue it. We handle custody modification cases throughout Pasco County, including situations involving parental relocation, changes in work schedules, fitness concerns, and enforcement failures. If your current order isn’t working, we can assess whether you have grounds to change it.

What Do Our Clients Say?

Emely Rosas ★★★★★
I can’t thank my lawyer enough for the outstanding job they did handling my DUI case. From the very beginning, they were professional, knowledgeable, and honest about the entire process. They kept me informed every step of the way, answered all my questions, and made a stressful situation much easier to deal with. What impressed me most was their dedication and attention to detail. They truly fought for the best possible outcome and treated me with respect the entire time.Thanks to their hard work and experience, my case was resolved better than I expected, If you’re looking for an attorney who genuinely cares about their clients and knows how to get results, I highly recommend mike!
Emely Rosas
Amelia Cozzolino ★★★★★
Working with Mike and his team was a great experience. Mike is knowledgeable, professional, and truly cares about his clients. He took the time to explain everything clearly and made sure I felt confident throughout the entire process. I also want to give a special thank you to Stephanie, his paralegal, who was absolutely excellent. She was always responsive, organized, and went above and beyond to keep everything moving smoothly. Her communication made a stressful situation so much easier. I’m very grateful for everything they did for me and would highly recommend Mike and his team to anyone needing legal help.
Amelia Cozzolino
Tanya Rais ★★★★★
I cannot say enough good things about Mike Butash and his team. If I could give more than five stars, I absolutely would. They have truly been a lifeline for me during one of the most difficult and emotional periods of my life. Navigating a high-conflict divorce is overwhelming, but they were the steady voice of reason through it all. When things became complicated or stressful, they brought clarity, logic, and a clear path forward. Mike, Mimi, and the entire staff have supported me every step of the way. They fought for me, kept me informed, and always made sure I understood both the process and possible outcomes-good or bad. That level of honesty and transparency meant everything. Even during moments when I felt frustrated or emotional, they remained patient, professional, and genuinely supportive. Even though my journey isn’t completely over, I feel confident knowing I’m in the best hands. I recommend them to anyone who needs not just an attorney, but a team that truly stands by you.
Tanya Rais
Margarita Vazquez ★★★★★
I am incredibly grateful for the outstanding legal representation I received. My case lasted over a year, and throughout the entire process, Mr. Butash was professional, knowledgeable, and consistently responsive. He took the time to explain every step clearly, kept me informed, and always made me feel supported. His dedication and attention to detail truly made a difference, and I couldn’t be happier with the outcome. I highly recommend Butash Law Group to anyone looking for a reliable and trustworthy attorney. Thank you so much again Mike!
Margarita Vazquez

Why Choose Butash Law Group for Child Custody?

What to Expect When You Hire a Child Custody Lawyer

Step 1: Free Initial Consultation

Contact Butash Law Group at (813) 341-2232 to schedule a complimentary consultation where your dispute is reviewed and your legal options are explained. This no-obligation meeting helps establish whether your matter has merit and what strategy may best protect your interests.

Step 2: Case Evaluation & Strategy

Every child custody matter is individually assessed based on its unique facts, applicable Florida law, and the client's goals. The firm identifies fee-recovery opportunities, evaluates litigation risk, and recommends the most advantageous pathmediation, negotiated settlement, or trial.

Step 3: Pre-Litigation Negotiation & Mediation

Where appropriate, Butash Law Group pursues pre-suit negotiation or formal mediation to resolve disputes efficiently and cost-effectively before court proceedings begin. A timely mediated resolution can preserve business relationships and significantly reduce overall litigation expense.

Step 4: Discovery & Evidence Building

If litigation proceeds, the firm actively manages all phases of discoveryincluding interrogatories, document requests, depositions, and subpoenasto build the strongest possible evidentiary record. Disputes over privilege, production scope, or non-party subpoenas are handled promptly to keep the case moving forward.

Step 5: Trial or Final Resolution

When settlement terms are inadequate or trial is in the client's best interest, Butash Law Group is fully prepared to argue the case before a judge or jury in Florida state or federal court. The firm pursues every available remedy to achieve the most favorable outcome possible for each client.

Serving Pasco, Hillsborough, Hernando & Pinellas Counties

Butash Law Group serves child custody clients throughout Pasco, Hillsborough, Hernando and Pinellas counties, including Lutz, Wesley Chapel, Land O’ Lakes, Dade City and Tampa. Whether your dispute arises locally or involves parties across the region, the firm provides experienced, responsive representation close to home.

Explore Our Other Practice Areas

Butash Law Group represents Tampa Bay clients across a full range of legal matters.

Frequently Asked Questions

Florida law replaced the term "custody" with "timesharing" and "parental responsibility." Courts establish a parenting plan that sets the schedule for when each parent has the child and how major decisions - school, healthcare, religious upbringing - are made. The plan is governed by the best interests of the child standard under Florida Statute §61.13, which considers roughly 20 factors specific to each family's circumstances.

No. Florida law does not give preference to either parent based on gender. Courts are required to evaluate both parents equally under the §61.13 factors. The outcome in any given case depends on the specific facts - each parent's involvement, stability, and demonstrated ability to meet the child's needs - not on which parent is the mother or father.

Florida uses the terms "parental responsibility" and "timesharing" instead of legal and physical custody. Parental responsibility refers to decision-making authority over major aspects of the child's life, such as education and medical care - this is often shared jointly. Timesharing refers to the physical schedule of when the child is with each parent. These two components are addressed separately in a parenting plan.

To modify a timesharing order in Florida, you must demonstrate a substantial, material, and unanticipated change in circumstances since the original order was entered. Courts will not modify an order simply because one parent wants more time. Common qualifying circumstances include a parent's relocation, significant changes in work schedules, changes in the child's needs, or concerns about the other parent's fitness. A custody modification attorney can evaluate whether your situation meets the legal threshold.

If the other parent is violating the terms of your parenting plan, you can file a motion for enforcement or contempt with the court. Florida courts take timesharing violations seriously, and remedies can include makeup time, modification of the order, or sanctions against the non-compliant parent. Keeping detailed records of missed exchanges and communication attempts strengthens your position significantly.

Answer: A parenting plan is a legally required document outlining how each parent shares child-rearing responsibilities, including daily care, healthcare, school functions, extracurricular activities, and communication. Florida statute (effective October 1, 2008) mandates parenting plans in all cases involving minor children.

The parenting plan serves as a binding agreement that protects children's stability and establishes clear expectations for both parents. Courts use parenting plans to ensure continuity in children's lives during the transition from one household to two, reducing ongoing disputes and providing certainty for all family members.

  • Daily task responsibilities and schedules
  • Healthcare decision-making authority and medical provider access
  • School enrollment, attendance, and academic involvement
  • Extracurricular activity participation and costs
  • Parent-child communication frequency and methods

Helpful next step: Develop a comprehensive parenting plan that protects your child's interests while establishing clear co-parenting guidelines. Contact us

Answer: Florida courts prioritize the child's best interests, evaluating parental moral and physical health, stability of living environments, child preferences (when age-appropriate), parental ability to maintain routines, history of domestic violence, and each parent's capacity to meet developmental needs.

Courts examine the length of time a child has lived in a stable environment and the desire to maintain continuity in schooling, friendships, and community connections. The child's own stated preferences carry weight when the court determines the child possesses sufficient maturity to make an informed decision about custody arrangements.

  • Length of time in stable environment and continuity preferences
  • Moral fitness, mental health, and physical health of each parent
  • Child's documented preferences when court deems them informed
  • Each parent's capacity to maintain stable routines and structure
  • Prior domestic violence history or criminal convictions involving either parent
  • Ability to meet child's developmental, educational, and emotional needs

Helpful next step: Ensure your custody arrangement reflects these legal standards by consulting with a family law attorney who understands Florida's best-interest framework. Contact us

Answer: Settlement agreements typically cost less, resolve faster, and reduce emotional stress compared to custody trials, which involve extensive court proceedings, evidence presentation, and judicial decision-making. Both parties retain control over outcomes through negotiated settlements rather than surrendering decisions to a judge.

Trial processes extend timelines significantly, requiring multiple court appearances, expert testimony, and discovery procedures that increase legal fees and expose families to prolonged uncertainty. Settlement-focused approaches allow parents to craft individualized parenting plans addressing their family's specific needs while minimizing conflict exposure for children.

Helpful next step: Explore settlement options that prioritize your child's stability while protecting your parental rights through skilled negotiation. Contact us

Answer: A child's preference regarding custody can influence court decisions when the court determines the child has reached sufficient maturity to make an informed, independent decision. Younger children's preferences carry less weight, while adolescents demonstrating reasoned judgment may significantly impact custody outcomes.

Courts conduct interviews or hearings to assess whether a child's stated preference reflects genuine personal values or results from parental influence or manipulation. The child's expressed reasons, consistency of preference, and demonstrated understanding of custody implications determine the weight courts assign to their stated choice.

  • Child must demonstrate sufficient maturity and independent reasoning capacity
  • Court interviews assess authenticity of preference versus parental influence
  • Older children and adolescents receive greater consideration than younger children
  • Stated reasons and consistency of preference affect weight assigned
  • Child's preference alone does not override best-interest analysis

Helpful next step: Understand how your child's voice factors into custody decisions by discussing age-appropriate advocacy strategies with your legal counsel. Contact us

Answer: Prior domestic violence or criminal convictions significantly influence custody decisions, as courts prioritize child safety and may restrict parental time-sharing when violence history is documented. Evidence of domestic violence creates a presumption against awarding substantial custody or unsupervised time to the violent parent.

Florida courts treat domestic violence as a critical factor in best-interest analysis, recognizing that children exposed to parental violence experience developmental harm and trauma. Documentation of prior incidents, restraining orders, convictions, or protective orders becomes central evidence in custody hearings and parenting plan modifications.

  • Documented domestic violence history presumptively limits custody awards
  • Criminal convictions related to violence restrict unsupervised parental access
  • Active protective orders or restraining orders affect time-sharing schedules
  • Child exposure to domestic violence constitutes documented harm
  • Supervised visitation may replace unsupervised parenting time

Helpful next step: Secure documentation of any domestic violence history to protect your child's safety in custody proceedings and parenting plans. Contact us

About Mike Butash
MEET MIKE BUTASH

A Former Prosecutor Who Knows Both Sides

Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit in Pinellas and Pasco Counties, where he prosecuted everything from misdemeanors to the most serious felonies. Today he uses that insider experience to defend clients across Tampa Bay. With more than three decades of practice, lead counsel in over 40 jury trials, and thousands of cases handled, Mike brings the kind of courtroom judgment that only comes from years on both sides of the aisle.

40+ jury trials as lead counsel | 30+ years practicing | Thousands of cases

Talk to a Child Custody Attorney Today

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