You work hard to provide for your family. Whether you are a surgeon, a corporate executive, a business owner, a first responder, or in any other demanding career, you must focus significant time and energy on your work.
Many high-achieving parents worry that their professional success will be used against them in divorce proceedings when determining time-sharing and parental responsibility.
You might fear a judge will see your long hours as a lack of commitment to your children. At the Law Offices of Forrest & Forrest, PLLC, our skilled attorneys believe a dedicated career and a dedicated parent are not mutually exclusive.
Focus on “quality” over clock-in times
In 2023, Florida law shifted significantly toward recognizing the importance of both parents’ roles, regardless of their career demands. Under Florida Statute § 61.13, there is now a “rebuttable presumption” that equal time-sharing (a 50/50 split) is in the child’s best interests, meaning the court assumes that your career success should not diminish your time with your children.
The court focuses on the “best interests of the child” rather than penalizing a parent for their professional achievements or paycheck. When evaluating a parenting plan, judges look at the overall picture of stability and involvement rather than simply counting office hours.
To maintain the presumption of equal time-sharing, a high-achieving professional must demonstrate that they remain an active participant in the child’s life.
Checklist: 10 essential proofs of parental involvement
To protect the rebuttable presumption of 50/50 time-sharing in Florida, you must demonstrate that your career does not impede your role as an active parent. Evidence the court considers includes:
- School portal activity: Provide logs or screenshots showing you regularly monitor grades, attendance and teacher communications
- Teacher/coach correspondence: Archive emails or messages where you have initiated or responded to updates regarding your child’s progress
- Medical appointment records: Document your attendance at pediatrician, dentist, or specialist appointments through sign-in logs or portal summaries
- Electronic communication logs: Save records of consistent video calls and “tethering” messages, especially during work-related travel
- Co-parenting app history: Use apps such as OurFamilyWizard or TalkingParents to document your proactive coordination of the child’s schedule
- Primary caregiver tasks: Gather receipts or logs for “mundane” responsibilities like grocery shopping, school supply purchases and clothing
- Structured child care plan: Provide contracts or invoices for nannies or after-school care that prove a stable routine exists during your work hours
- Extracurricular presence: Collect photos or witness statements confirming your presence at games, recitals or practices
- Workplace flexibility verification: Secure a statement or policy from your employer confirming your ability to attend to parental emergencies or school events
- Routine consistency: Maintain a dated log of “quality time” activities, such as nightly homework help or consistent bedtime routines, to prove an emotional bond
By framing your personal involvement and professional stability as assets that provide security and a strong work ethic, our skilled attorneys help ensure the court views your career as a benefit to your child’s upbringing, supporting your right to an equal role in their life.
Strategic use of the “ROFR”
While flexible parenting plans are essential for high-powered professionals, specific “standard” clauses can inadvertently create logistical hurdles. A common example is the “Right of First Refusal” (ROFR).
Under this clause, if a parent is unable to care for the child during their scheduled time-sharing (for instance, due to emergency surgery or a late-night board meeting), they must offer that time to the other parent before scheduling a babysitter, nanny or family member.
For a professional with a demanding or unpredictable schedule, the advantages and disadvantages of a ROFR can be a double-edged sword:
- Benefits: It can foster a spirit of co-parenting and ensure the child is with a parent rather than a third-party caregiver.
- Risks: If your career requires frequent on-call duties or late shifts, a ROFR clause may systematically strip you of your time-sharing. Instead of your child staying in your home with a trusted nanny, they are moved to the other parent’s home, potentially undermining the stability of your 50/50 schedule.
At Law Offices of Forrest & Forrest, PLLC, our lawyers often recommend “custom-fit” ROFR triggers to protect your parental rights while maintaining your professional obligations.
Schedule a confidential consultation
Your professional drive should not be a barrier to a meaningful relationship with your children. Florida law values both parents’ involvement, regardless of their job titles. If you are concerned about how your career might impact your timesharing goals, we are here to help.
Our knowledgeable attorneys are ready to discuss your unique situation. Give us a call to schedule a consultation in Fort Lauderdale at 954-859-1715 or Boca Raton at 561-954-4451.