Parenting Plan in Florida Divorce involving Children
In a dissolution of marriage proceeding involving children in Florida, a Parenting Plan must be established under Fla. Stat. Sec. 61.13(2). On July 1, 2023, Fla. Stat. Section 61.13(2)(c) was modified to create a rebuttable presumption that equal time-sharing of a minor child is in the best interest of the minor child. Fla. Stat. Section 61.13(2)(c) was also modified to establish that parental responsibility be shared unless it would be detrimental to the minor child. Despite the presumptions created, the legislature has provided the courts with guidance on the meaning of “detrimental” to the minor child in relation to parental responsibility. Florida courts are still required to apply the factors outlined in Fla. Stat. Section 61.13(3)(a) through (t) in determining the “best interests” of the minor child for purposes of establishing parental responsibility and/or time-sharing schedule.
In a contested custody dispute, there are several practical considerations that may have a substantial impact on determining a parenting plan and time-sharing arrangement, such as:
School Performance: Judges in child custody cases are well aware that there may be bitterness and animosity between the parents, making allegations by either parent suspect. Academic performance provides an objective measure of a child’s performance that is difficult for either parent to manipulate. If either parent has had their children reside with them during the school week after parents separate, a child’s academic performance, school behavioral issues, and social adjustment may play a significant role in the court’s determination of the most appropriate timeshare arrangement. Our attorneys will typically request report cards, letters from teachers, records of academic awards, school disciplinary reports, and other documents that quantify children’s school performance.
Work Schedule and Availability: Family law judges almost always express a preference for placing a child with a parent rather than with a babysitter or caregiver, even if that caregiver is a family member. This is an important consideration in a contested timeshare dispute because the court will typically evaluate proposed timeshare arrangements based on the best interest of the child standard. It can be counterproductive to aggressively argue for parenting time when you are unavailable because of work or school obligations. This is an important strategic consideration because not only will the available parent likely prevail, but the court may view your request as a failure to prioritize your child’s best interest.
Taking the High Road: Child custody disputes arise for a reason, which often means that the parents may have a less-than-amicable relationship. These feelings of mistrust and animosity can make it difficult to reach timeshare and parenting arrangements. Our firm works diligently to help clients navigate through these emotional roadblocks because judges place a high value on a parent’s willingness to promote frequent and continuing contact with the other parent. If you display an attitude supporting your children’s relationship with the other parent, the court is more inclined to presume that you are prepared to put the best interests of your children above your own negative feelings toward the other parent.
Parental Fitness: Parents need to understand that a court’s preference for substantial contact with both parents means that the court imposes an extremely high standard before finding a parent unfit. The court will have a strong preference to have both parents substantially involved in a child’s life unless there are very serious issues, such as child abuse, drug use, alcoholism, child neglect, child endangerment, spousal abuse, felony convictions, especially involving use of force or violence, and other serious issues. Parties need to be mindful of the substantial burden to overcome so that their expectations are realistic. Furthermore, there needs to be actual evidence. The courts do not make determinations on mere speculation or inadmissible hearsay.
Residing in the Family Home: We know that it can be unbearable to reside under the same roof with your spouse or the other parent after your relationship has deteriorated. If you consider moving out of the family residence, you should first obtain legal advice from an experienced Palm Beach family law attorney because your decision can have serious, long-term repercussions on timeshare arrangements. Once you leave the family home, you may be at the mercy of the other parent when you seek access to your children until court proceedings have been initiated and temporary timeshare arrangements have been ordered. If you do not promptly initiate court action to obtain access to your children, the court may interpret your lack of action as a de facto agreement to allow the other parent to have the lion’s share of parenting responsibilities. The status quo is important in any child custody dispute because courts like to preserve as much stability as possible for children. This means you need to be careful about the status quo that you create.
Why should you hire us when there are children involved in your divorce case?
We have handled and continue to represent clients in divorce cases involving children. We make every effort to explain the process so that our clients do not miss the forest for the trees, because the purpose of divorce (in most cases) is to end a failed marriage, divide the marital estate, and provide enough left over for the parties to start over while assisting to create a stable environment for their minor child(ren).