The name of this plan contemplates that the mother of the child was awarded sixty (60%) percent custody of the child. You may be referring to the parent with the majority of the timesharing as the “custodial parent” and the parent with less timesharing as the “non-custodial/noncustodial parent.”

In Florida, fifty-fifty (50-50) custody is presumptive as of July 2023, but your case may involve a party who is opposed to 50-50 custody. In this situation, we have to think strategically, especially if you wish to avoid an expensive, protracted litigation battle.

The next best approach is securing the 60-40 plan for one simple reason: if you, Dad, have 40% custody, that 40% is enough timesharing to prevent your coparent from moving far away. For example, if your coparent is trying to move to New York, your 40% timesharing will prevent this move, as the coparent cannot feasibly make up your 40% timesharing.

Your 60-40 plan may be long-term, but remember, it can also be a short-term solution to avoid litigation costs until you are more financially able to challenge the timesharing plan.

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