Free Case Evaluation

Please fill out the following form to get a Free Case Evaluation.

  • This field is for validation purposes and should be left unchanged.

Email Signup

Please fill out the following form to sign up for email updates.

  • This field is for validation purposes and should be left unchanged.

Child Time Sharing: Do Mothers Take Precedence Over Fathers?

Child time sharing can be a complicated time during divorces, mainly because the divorcing couples have to work out the details on how long a child will spend with each parent. In contentious cases, the court may have to decide how much the child will see a particular parent following divorce. But here at Blumenauer | Hackworth Law Firm, we want the divorcing couples to work together to come up with a child time sharing plan on their own.

Sometimes that’s impossible, and the court will have to make a decision based on various factors. However, you might automatically assume because the child is possibly closer to their mother when under the age of 13, the court will give precedence to the mother instead.

This was once known as the “Tender Years Doctrine” that assumed the care of a mother was more meaningful and important to a younger child than being cared for by the father.

The above doctrine was once fairly uniform throughout the United States during divorce and child custody cases. In fact, it lasted up until more recent years, including here in Florida. Eventually, a statute was created here that abolished this from the record since it was realized circumstances can differ in today’s times.

Will Precedence Still Be Given to the Mother?

Now, when the court here in Florida has to decide child time sharing, it’s going to go strictly by personal reasons rather than assuming the mother is the best choice. With times changed and fathers sometimes being stay-at-home dads (while even working from home), it could be that the father would provide just as much as the mother would to a child under 13.

Most of all, the court is going to look at factors like financial standing, physical and mental health, plus any history of abuse. All of these, plus the personal preference of the child, will be taken into account on how much the child sees each parent. If the court sees egregious issues with one parent (perhaps the father), then the mother could still get sole custody.

Contact us here at Blumenauer | Hackworth Law Firm if you’ve just been divorced and are planning child time sharing. We’ll represent you and help you through the process via your own plan or through the court’s. Either way, you need legal representation to help you through what can be sometimes a very contentious time.