Florida Statutes Section 61.13 was completely overhauled effective October 1, 2008. The revised statute removed the terms "primary residential parent," "secondary residential parent," "custody," and "visitation" and implemented a Parenting Plan and time-sharing schedule. Essentially, the legislature removed the language that in and of itself was creating conflicts. There are no more fictitious titles that give one parent more "rights" than another and in my opinion, this legislation has very much been a step in the right direction.
There is no initial preference in favor of one parent or the other. Furthermore, it should be noted that the tender years doctrine (making custody presumptions related to the age of the child or children) was abolished many years ago. Essentially, the best way to summarize the procedure for implementing a Parenting Plan is to say that the Court looks at the twenty factors listed below and makes a determination as to what type of time-sharing schedule is in the best interest of the child or children. The specific factors are as follows:
(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.
(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. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
(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 best way to summarize the factors in a sentence is to say that the courts look at the past and present actions or performance of the parents in an effort to predict what will be the best for the future.
Absent unusual circumstances (such as drug abuse, alcohol abuse, and child abuse), typically it will be in the parent's own best interest to treat the other parent with courtesy and respect and to communicate with the other parent pleasantly and frequently about things related to the child's or children's welfare. If you are unable to do that in person, try e-mail or text messages and remember never to write something you would be embarassed for the judge to read. An important and added benefit to this positive behavior is that you are not only helping yourself with your case, but you are also decreasing the tension of the case which can only benefit your child or children.
For a no obligation consultation on Florida child Parenting Plans, contact us today at (813) 251-6200 or visit us on the web at www.davislawtampa.com.
Sincerely,
Scott & Kendra Davis
