FLORIDA CUSTODY DISPUTES

Florida custody disputes can be very stressful. A key part of many divorce actions is the custody of minor children. The primary residence, parental responsibility, and time-sharing are basic issues in custody fights. When the judge makes his ruling on these three issues, his decision will be based solely on what is in the best interests of the children.

WHAT ARE PRIMARY RESIDENTIAL RESPONSIBILITY AND PARENTAL RESPONSIBILITY

Florida custody disputes involve where the child will live and with whom they will live. The primary physical residence is where the minor child will reside most of the time. The primary residential parent provides the primary physical residence. The secondary residential parent receives time-sharing with the minor child.

Parents can either share parental responsibility, or one parent will be awarded sole parental responsibility. Florida Statute 61.046 defines shared and sole parental responsibility as follows:

“Shared parental responsibility” means a court-ordered relationship in which both parents retain full parental rights and responsibilities concerning their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.

“Sole parental responsibility” means a court-ordered relationship in which one parent makes decisions regarding the minor child.

The court generally orders Shared parental responsibility. If the court finds that shared parental responsibility would not be in the best interests of the children, and it would be detrimental to them, the court will order sole parental responsibility.

HOW DOES A JUDGE DETERMINE CUSTODY AND PARENTAL RESPONSIBILITY IN A FLORIDA CUSTODY DISPUTE

Florida custody disputes always involve issues of residential responsibility, parental responsibility, and time-sharing. The judge will rely on section 61, Florida Statutes when making a decision. Section 61 provides the following considerations for the judge:

(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 the 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. 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.

Each party should build their custody case using these factors. Examine each factor and develop evidence to support your position that each factor is in your favor.

TIME-SHARING AND THE PARENTING PLAN

The court will order time-sharing for the secondary residential parent. The time-sharing schedule, residential status, and parental responsibility will be specified in the Parenting Plan. The Parenting Plan should be as specific and detailed as possible. The parties must comply with the Parenting Plan.

CHILD SUPPORT

The secondary residential parent will pay child support. The child support worksheet determines the value of the monthly obligation. The primary residential parent cannot refuse the secondary residential parent time-sharing for failure to pay child support.

CAN MY CHILD DECIDE WHO THEY WANT TO LIVE WITH?

A minor child cannot decide which parent they want to live with. If the child is older and mature, the court will consider their wishes, but will not be bound by their wishes. The ultimate decision will be made by the judge.

If you want strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, your questions will be answered and you will be advised regarding the best way to proceed.