Joint Custody

1. What Does “Joint Custody” Really Mean in Florida?

Florida no longer uses the term “joint custody.” Instead, the courts divide custody into two parts: parental responsibility (who makes decisions) and time-sharing (who the child lives with and when). Shared parental responsibility means both parents are expected to work together on major decisions like education, healthcare, and religious matters. In Fort Myers and surrounding areas, we see parents confuse terminology with outcomes. Using the right legal language helps you communicate your goals clearly—and shows the court that you’re serious about structure, not just control.

2. Does Joint Custody Automatically Mean a 50/50 Schedule?

No. Equal time is possible, but it’s not automatic. Florida courts prefer both parents to remain involved, but they also consider logistics like work schedules, school locations, and the child’s best interests. Many parenting plans labeled as “joint custody” result in 60/40 or even 70/30 time-sharing. Parents in Cape Coral and Naples often need plans that reflect the realities of distance, flexibility, and consistency. We help families create parenting schedules that actually work—not just look fair on paper.

3. What Happens When Parents Don’t Agree on a Big Decision?

If you share parental responsibility, the expectation is cooperation. But if one parent repeatedly refuses to participate or creates conflict, the court may assign ultimate decision-making authority in specific areas to the more reliable parent. Judges don’t want to micromanage families. They want to see evidence that one parent can lead without excluding the other unfairly. We help Fort Myers clients gather documentation to show patterns of obstruction, not just one-off disagreements.

4. What If My Co-Parent Isn’t Following the Agreement?

Parenting plans are legal orders, not suggestions. If one parent starts violating time-sharing rules—showing up late, refusing exchanges, or ignoring important communication—you can take action. But without documentation, your case weakens. We advise clients in Fort Myers, Cape Coral, and Naples to keep written logs, text confirmations, and detailed notes. A weak record can cost you time and credibility. A strong one can lead to modification—and accountability.

5. Can Joint Custody Agreements Be Modified Later?

Yes. If something major changes—like work schedules, relocation, or consistent parenting problems—you can request a modification. But Florida courts require that the change be substantial, material, and unanticipated. You can’t modify a plan just because it’s frustrating. We’ve helped many families in Fort Myers adjust outdated or broken parenting plans. But the parents who win are the ones who prepare first and document well—not the ones who just show up and complain.

Don’t Just Share Time—Build a System That Works

Joint custody is not a title, it’s a system. It only works when both parents understand their rights, their responsibilities, and the court’s expectations. Without clear structure, conflict increases, schedules fall apart, and children get caught in the middle. If your joint custody plan feels vague, one-sided, or unenforceable, call Bergermann Law Firm at (239) 334-0075. Whether you live in Fort Myers, Cape Coral, or Naples, we’ll help you create a parenting plan that supports your child—and actually holds up in court.