Child Custody Basics
Child custody is determined by a Parenting Plan in Manatee County divorce and paternity cases. In other words, the term for child custody in Florida is a Parenting Plan.
I often have folks tell me that they want “custody” or “full custody” of their child. These terms really do not have meaning within the context of a Florida Parenting Plan. Here’s why:
1. In the olden days child custody usually meant “legal custody,” which gave a parent decision making authority for major decisions concerning the child. For example: health, education, or religion. This concept of “legal custody” is now resolved through the “Parental Responsibility and Decision Making” section of a Parenting Plan. In most cases, a Parenting Plan will provide “Shared Parental Responsibility,” with “joint” decision making. (There are exceptions for parents with problems as discussed below).
2. The term “physical custody” used to describe the parent who spent the most time with the child, under the terms of a court order. No longer. Physical child custody is now handled through the “Time-Sharing Schedule” of a Parenting Plan. The Time-Sharing Schedule determines what days the child will be with be with each parent. According to the statute governing Time-Sharing, “it is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.” What this means, is that the old “every-other-weekend with dad” schedule is usually not appropriate. In the absence of problems, both parents should be able to request significant time with their children after the parents separate.
3. What about child custody situations where one parent has significant impairments, such as a history of domestic violence, drug abuse, or disorders that prevent a parent from safely parenting his or her child? Florida law allows the court to consider these type of problems when ordering a Parenting Plan. For example, the court may eliminate joint Shared Parental Responsibility, and may place controls, such as supervised visitation, on a problem parent’s time with a child.
Child Custody Links
I have provided the following links that may be helpful for further research about child custody in Florida, and Florida Parenting Plans:
Florida Supreme Court – Florida Family Law Forms (including Parenting Plans)
Parenting Plans approved for entry in the Sarasota County Circuit Court
Florida Statute governing Parenting Plans, Section 61.13 Florida Statues
Child Custody Litigation
It is always best if parents are able to come up with an agreed Parenting Plan. It is very expensive to litigate custody issues, and there is high emotional cost for both the parents and the children. It is almost always best for the children if their parents remain cooperative. However, in some cases litigation is necessary. When it is, the Court will consider the best interest of the child in developing a Parenting Plan, and will consider the following factors:
(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. 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.
