There is no more “Primary Residence” in Florida – Matthew B. Capstraw, Esquire

I was driving into work this morning and listening to the radio. Normally, I tune out commercials, but one truly struck me. It was for a law firm about family law, and the commercial suggested that due to changes in the law, the term “child support” no longer exists. That gave me a chuckle as I drove into my office, as “child support” as a term and concept are alive and well in Florida, but it reminded me that a lot of people still do not understand the changes to family law cases that came into effect on October 1, 2008. A significant change that people seem to have difficulty with, is that courts no longer designate a primary care parent (primary residence). This designation was Florida’s version of custody until last year. When it really came down to it, primary care was just a reflection of what amount of time a child spent with each of the parents. The parent that had more time was the “Primary Care Parent’ and the other parent was the ‘Secondary Care Parent.’ This nomenclature placed a value judgment and misleading apparent authority on the “Primary Care Parent’ that did not really exist. This title became a hotly litigated issue, and part of the goal of the recent legislation was to reduce litigation by simply eliminating the title anymore. Now, Courts are to include a ‘time-sharing schedule’ as part of a ‘parenting plan’. ‘Time-sharing’ is the new name for how we divide the time the child spends with each of their parents. It replaces the terms ‘custody’, ‘visitation’ and ‘access and contact’. These terms are now taboo. The removal of the label of ‘primary care’ in Family Law matters, removed the recognition that one parent has more apparent authority than another. It is also hoped that by removing that recognition, the Legislature has removed a reason for conflict in dissolution of marriage and paternity cases. In handling your cases remember to use the term “time-sharing” and avoid using the terms “custody”, “visitation”, “access and contact”, primary residence”, “primary parent” and “primary care parent”

Matthew B. Capstraw, Esquire - The Family Law Firm, Norman D. Levin, P.A., Longwood, Florida 32750 (407)834-9494—mcapstraw@helpisontheway.cc