Blog Post

Family law can be difficult to understand and even more difficult to apply. It's subject to frequent changes and revisions, making it even more confusing. As a result, you should always have an experienced trial attorney on your side. The family law attorneys at Silverman, Vorhis & Doan understand that in many divorce cases, child custody (now known as "time sharing") issues are the most important and most hotly contested.

Below, we outline some recent changes in Florida family law that could affect you and your children. If you have any questions about Florida divorce law, or if you're considering divorce, please call or stop by for a free initial consultation with one of our experienced family law attorneys.

In October 2008, a new law took effect that changed how courts will decide child custody issues in Florida divorce cases. Before the new law, courts would typically award one parent "primary custody" and give the other parent visitation rights. However, the new law recognizes neither "custody" nor "visitation." Instead, the respective rights and obligations of parents, and the time each spends with any minor children in the divorce, will be determined through the use of a "parenting plan," now required in all divorce proceedings in which a minor child is involved.

According to the new law, parenting plans must, at a minimum:

•· Describe in detail how parents will share and be responsible for the daily tasks associated with raising the child;

•· Describe the time-sharing schedule arrangements and specify the time the minor child will spend with each parent;

•· Designate which parent will be responsible for the minor child's health care, school-related matters (including which parent's address will be used for school zoning); and

•· Describe the methods and technologies the parents will use to communicate with the child.

According to the statute, the idea behind the new parenting plan law is to "encourage parents to share the rights and responsibilities, and joys, of childrearing," and to create an environment in which "each minor child has frequent and continuing contact with both parents" even after the divorce is final. To that end, "parental responsibility for a minor child [shall] be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child." In other words, courts will encourage parental cooperation in raising minor children, but can award parental responsibility to just one parent, with no time sharing, if it finds such an arrangement to be in the best interests of the child.

The new law establishes twenty (20) factors to which a court will look when determining the "best interests" of the minor child. Among these factors, which are nonexclusive (i.e., courts may look to other factors as well), are:

•· 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.

•· The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

•· The moral fitness of the parents.

•· The mental and physical health of the parents.

•· 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.

•· Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

•· The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

Note that the above list contains only a few of the twenty factors, and that the last listed factor in the statute is "Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule." In short, courts can look to any evidence to determine the best interests of the child and, by extension, parental responsibilities.

When preparing a parenting plan, be as specific as possible (e.g., which parent spends time with the child on which holidays; which parent will pick the child up from school) without being overly rigid. While parenting plans are subject to modification by the court (upon a showing of a "substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child"), all parenting plans are easier to follow if they allow for some flexibility.

Florida courts have developed a boilerplate parenting plan form, but to protect your rights as a parent and the interests of your child, it's always a good idea to have a professional help you. Our attorneys have experience in all areas of family law, including drafting parenting plans that will benefit you and, more importantly, your children. If you are considering divorce, please give us a call us for a free initial consultation with one of our family law attorneys.