Posted by Nydia Streets of Streets Law in Florida Child Custody
Although the Florida Statutes include a presumption that equal time-sharing is in the best interest of a child, this does not mean a court is automatically required to order equal time-sharing in every child custody case. The court must still make findings regarding the best interest of the child. This was an issue in the case Malek v. Malek, 3D24-1247 (Fla. 3d DCA June 25, 2025).
The father in this paternity case was awarded time-sharing every other weekend on Saturday from 10:00 am until 7:00 pm. He appealed. The appellate court noted “At the final hearing, the trial court heard testimony from four witnesses and received evidence. Thereafter, it issued an order addressing the factors set forth in section 61.13, Florida Statutes, and focused on the best interest of the minor child. Because the trial court’s findings are supported by competent, substantial evidence, we are constrained to affirm.”
Schedule your consultation with a Miami divorce attorney to understand how the law may apply to the facts of your case.