If you are having a PROBLEM with CHILD CUSTODY or VISITATION
get a qualified attorney’s advice
The Florida law that governs divorce, custody, and related family law matters is known as Chapter 61. During 2008 the Florida legislature made major revisions to the laws.
Residential Parenting. There is no longer a “Primary Residential Parent” and a Secondary Residential Parent.” The term “Custodial Parent” is also done away with. The designation for both the Mother and Father is “Parent.” This is an attempt to equalize the importance of both parents.
Parenting Plan. The term “Visitation Plan” has been done away with. Now the terms “Parenting Plan” and “Time-Sharing” are used. This is an attempt to encourage courts to craft parenting arrangements allowing both parents a greater role in their children’s life.
“Any parenting plan approved by the court must, at minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child, the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent, a designation of who will be responsible for any and all forms of health care, school-related matters, other activities, and the methods and technologies that the parents will use to communicate with the child.”
The intent of Parenting Plan requirements is to require a much more comprehensive plan for the parenting needs of children. Prior visitation plans, in manmy cases, did not spell out specific needs of the child.
The custody law revamps the facts a court will consider:
(3) For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the minor child, including, but not limited to:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent- child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
The statute gives judges several powerful tools to correct parents that interfere with the other parent’s time with their child. The new powers given to the judges are potent.
The judge:
“3.2. May order the custodial parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to attend a the parenting course approved by the judicial circuit.;
4.3. May order the custodial parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to do community service if the order will not interfere with the welfare of the child.; “
A lot of people claim the law requires rotating custody. This is absolutely not true. Timesharing of children will remain substantially the same for years to come.
Child custody, times sharing, parenting – they are all very difficult issues when you are facing the dissolution of your marriage. If you find yourself in such a position it is best to consult an attorney with substantial marital law experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding divorce, custody, time sharing, shared parenting, child support, spousal support, etc. our firm may be able to help you. Our divorce and matrimonial section is supervised by George E. Gelb, Esquire, a recognized Florida Super Lawyer.
