CHILD CUSTODY
In Florida, child custody matters are primarily governed by the Florida Statutes, specifically Chapter 61. The court's primary focus in child custody cases is to ensure the best interests of the child are met.
- Types of Custody: Florida doesn't typically use the term custody any longer. Instead, courts will use the term "parenting time" to denote the time each parent spends physical time with the child. Courts use the term "parental responsibility" to describe the decision-making authority between the parents regarding the children.
- Parenting Time: This refers to where the child will physically reside and how much time they spend with each parent. The court may establish a time-sharing schedule that promotes frequent and continuing contact with both parents.
- Parental Responsibility: Parental Responsibility relates to major decision-making authority for the child, including matters such as education, healthcare, religion, and extracurricular activities. While the court can grant either sole or shared parental responsibility, the court encourages and usually orders joint parental responsibility unless there is a detriment to the child.
- Best Interests of the Child: The court considers several factors when determining the division of parenting time (child custody), with the primary consideration being the best interests of the child. Some factors taken into account include:
- Parental capacity to provide for the child's needs, including emotional, physical, and developmental well-being.
- The child's preferences, depending on their age and maturity.
- The quality of the parent-child relationship and each parent's ability to foster a positive relationship.
- Any history of domestic violence or abuse.
- Geographic proximity of the parents' residences.
- Parenting Plan: In most cases, parents are required to create a parenting plan outlining how they will share and divide parenting time. The plan must address various aspects of the child's upbringing, including time-sharing schedules, decision-making authority, and out-of-state travel.
- Mediation: Florida law mandates that parents attend mediation before litigating child custody disputes in court. Mediation provides an opportunity for parents to negotiate and reach a mutually agreeable solution with the help of a neutral third party.
- Modification of Custody Orders: If after the initial custody order there has been a substantial change of circumstances involving a material issue, either parent can request a modification of the order. The court will consider whether the proposed modification serves the child's best interests.
PARENTING PLAN
A parenting plan is a legal document that outlines the custody and parenting time arrangements for children when their parents are divorced, separated, or unmarried. In Florida, the parenting plan is a required document in all cases involving time-sharing with minor children. Here are some key points to consider when creating a parenting plan in Florida:
- Parental Responsibility: Florida law recognizes two types of parental responsibility: shared parental responsibility and sole parental responsibility. Shared parental responsibility means both parents have equal decision-making authority regarding the child's upbringing. Sole parental responsibility grants one parent the authority to make major decisions for the child without needing the other parent's input.
- Time-Sharing Schedule: The parenting plan should include a detailed schedule outlining when the child will be with each parent. This schedule should cover regular weekdays, weekends, holidays, and school breaks. It is important to be specific and include pick-up and drop-off times and locations.
- Decision-Making: The parenting plan should address how decisions about the child's education, healthcare, religious upbringing, and extracurricular activities will be made. If shared parental responsibility is granted, both parents should have the right to be involved in these decisions.
- Communication: The plan should include provisions for communication between parents and the child. This may include phone calls, video chats, or emails. It is beneficial to establish guidelines for communication, such as frequency and method of contact.
- Dispute Resolution: It is important to include a process for resolving disputes or disagreements that may arise regarding the parenting plan. This may involve mediation, collaborative law, or other methods of alternative dispute resolution.
- Relocation: If either parent intends to relocate with the child, the parenting plan should outline the procedures and requirements for seeking permission from the court. Florida has specific rules regarding parental relocation, and it is essential to follow these guidelines.
- Parental Conduct: The parenting plan may include provisions regarding parental conduct, such as guidelines for respectful communication and cooperation between parents. It may also address issues such as introducing new partners to the child or restrictions on derogatory remarks about the other parent.
Finding resolutions that are best for the children can be one of the most challenging and contentious issues during a divorce. An experienced child custody lawyer will work with you through this process to protect your rights and your children's best interests.
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