There is an argument that there should be a rebuttable presumption made in courts that parents should share child custody equally. Though there are a number of presumptions already made in court when it concerns divorce and parenting, the presumption that there should be equal timesharing between parents in child custody matters is missing.
The recommendation by some individuals is that it be statutory policy requiring children spend equal time with both parents. It is believed that this would not only send a message to all parents, it would also reduce the costs of litigation where individuals continually dispute time sharing matters in court.
Whether such a requirement would truly make matters any better is debatable. There is no such thing as a magic fix-all solution when it comes to family law matters. All family law situations - and in particular, child custody matters - are unique and require individual handling and solutions. Providing a one-size-fits-all solution may not meet the family's individual needs.
Florida has altered its approach when it comes to child custody matters. At one time, courts made the majority of decisions concerning the control and custody of children. Today, there is a much stronger focus on parents making such decisions themselves.
Florida attorneys will still work with couples to come up with a plan that fits the needs of all parties, including the child. The one significant difference is that much of the work an attorney conducts in these types of situations will be done elsewhere than in the courtrooms.
The only real presumption that matters in the courts is that we should always act in the best interest of the child.
Source: Huffington Post, "Equal Custody Between Parents Should Be the Legal Norm," by Fred Silberberg, June 29, 2012