In a Florida divorce separation, decisions on "parenting time" must be made. It is best for parents to share custody or parenting time so a child can maintain a relationship with both parents. Learn more about physical custody in Florida in this presentation.

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WHAT IS PHYSICAL CUSTODY IN FLORIDA?
In a Florida divorce or separation, decisions on
“parenting time” must be made. It is best for parents
to share custody or parenting time so a child can
maintain a relationship with both parents.
Joseph J. Registrato

2. What Is Physical Custody in Tampa? www.divorcelawyerregistrato.com 2
When a child’s parents are not living together as a nuclear family unit, it is important to establish a custody arrangement. The custody agreement will explain the rights and the responsibilities of each parent so that both parents’ parental rights will be protected. The custody arrangement should address both “parenting time” and “parental responsibility.”
Parenting time refers to which parent will actually be responsible for providing care to the child. Parents often call this “physical custody.” It is distinct from parental responsibility, which determines which parent will have the authority to make decisions on behalf of the child. Parents often refer to “parental responsibility” as “legal custody.” While it is common for the parent with physical custody to also have legal custody, this is not always the case.
Although many people still use the terms “visitation” and “primary custody” or “secondary custody,” the Florida legislature has taken great pains to remove those words from the laws. This is because lawmakers considered it improper to think of parents as having a right to “visit” with their own children the way a friend or other relative might. Parents have a much greater role in the lives of their children and are never merely a “visitor,” so the lawmakers changed the word “visitation” to “time sharing,” which must be part of every “parenting plan.” Similarly, lawmakers got rid of the concept of “primary custody,” and edited the word “custody” out of the law altogether. Although it is probably impossible to

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know for sure why these changes were made, it is believed by many attorneys that it was done because “primary custody” became the goal of many parents who wanted to “win” the issue of “who got custody” in divorce cases, cases in which the children are seldom if ever “winners.” There is no longer such a thing as “primary custody,” at least as a legal term, in Florida. Registrato Law can help parent who are separating or divorcing to understand their legal rights and to create a custody agreement that makes sense for their family situation.
PARENTING TIME ARRANGEMENTS
When a couple divorces or separates, it is generally considered best if they can create their own custody arrangement or parenting plan outside of court. However, if the parents are not able to do so, then the judge will make the decision on how custody should be divided based on the best interests of the child. It is usually considered appropriate for the child to maintain a relationship with both his mother and father, except in limited instances where one parent is abusive, neglectful or otherwise unfit to provide care.
Because it is beneficial for a child to maintain a relationship with both

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parents, sharing parenting time is common. Sharing custody means that the child will spend some of his time living with and being cared for by his mother and some of his time living with and being cared for by his father.
A variety of different custody arrangements are common in divorce or separation with most parents who share access to their kids referring to “joint custody” or “primary custody with visitation,” although these are no longer official legal terms.
When parents share custody, different arrangements may work for their family. For example, the child could spend one week or one month living with his or her mother and then the next week or month living in his father’s home. This type of shared custody arrangement can allow for the child to continue to develop strong bonds with both parents but it is important to ensure that it provides a sufficient level of stability for the child.
The child may also spend the bulk of his her or time living with one parent in a schedule that may informally be called a “primary custody” arrangement. Common examples of this arrangement are situations where the mother will have custody of the child during the week and the father will see the child each weekend or every other weekend. The “parenting time” agreement will specify how visitation works.
Typically, the parent who the child lives with will receive child support from the noncustodial parent to assist with the costs of raising the shared child or children. If the parents split custody and the child spends equal time with each parent, then there may be no need for child support to be paid as each parent is assumed to provide for their son or daughter while caring for him or her.

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Parenting Time vs. Parental Responsibility
Parental resposnibility, or “legal custody” as it is sometimes called, is distinct from parenting time and refers not to providing daily care, but instead to making decisions that affect the child’s life. For example, the parent who has legal custody of a child will decide where a child attends school and what types of medical treatment the child receives.
Parents with physical custody generally also have legal custody. However, this is not always the case. One parent could have physical custody of the child while legal custody is shared. When parents share parental responsibility, they must work together to make decisions and must compromise when they disagree. If they fail to come to an agreement on a specific issue or matter affecting their child, they may need to go to court in order for a decision to be reached.

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AN ATTORNEY CAN HELP WITH CUSTODY ARRANGEMENTS
Getting parenting time with your child is often very important to both parents in a separation or a divorce because mother and father both wish to maintain an important role in a child’s life.
Each parent should be represented by his or her own attorney who can provide guidance and advice on how custody cases are decided. An attorney can assist parents in negotiating a custody arrangement outside of court, including through procedures such as mediation or collaborative divorce. If the custody dispute cannot be resolved with out- of-court negotiations, then your attorney will help you to make compelling arguments to the judge regarding why your preferred custody arrangement is best.
To learn more, speak with an experienced Tampa divorce and family law attorney as soon as possible when you decide to separate or divorce from your child’s other parent.

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About the Author
Joseph J. Registrato
Registrato thinks too much bragging goes on in television and other lawyer advertising. The record ought to speak for itself. Registrato was an active duty sergeant in the aviation wing of the United States Marine Corps from 1965-1969, and spent a year in the Republic of Vietnam in 1968-1969. After an honorable discharge from military service, he was a newspaper reporter and editor for the Tampa Tribune for sixteen years during which he reported, wrote about or supervised news coverage of some of the biggest stories of the day, including the trial and punishment of two Hillsborough County circuit judges Tribune reporters learned were involved in bribery and lying to the Judicial Qualifications Commission. He was later named City Editor of The Tribune and then Assistant Managing Editor. He was a full time student at the University of South Florida at the same time he was a full time reporter for The Tribune, and was graduated with honors by USF. Registrato started law school at the age of 40, an age when many of his peers were slowing down their careers in journalism or elsewhere. He was on the staff of the Stetson Law Review. Registrato’s first job out of law school was a stint with the Hillsborough State Attorney’s Office, where he learned quickly how to try a case to a jury. Registrato has a philosophy of his own about aggression among lawyer.
Registrato Law
2607 N 15th Street
Tampa, FL 33605
Phone: 813-247-1900
Email: info@josephjregistrato.com
Website: www.divorcelawyerregistrato.com