SHARED PARENTAL RESPONSIBILITY

Did you know that the term "custody" is no longer used in Florida law? It has been replaced with the term "Shared Parental Responsibility." This means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to 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."

It is the public policy of Florida to assure that each minor child has frequent and continuing contact with both parents after their divorce, and to encourage parents to share the rights and responsibilities of child rearing. The father is given the same consideration as the mother in determining custody.

It is no longer permissible to adopt a plan that provides for general “shared parental responsibility” with “liberal and frequent” timesharing. The parenting plan must contain a time-sharing schedule for the parents with their child(ren). [Fla Stat §61.046(13).] “Time-sharing schedule” means a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent. If developed and agreed to by the parents, it must be approved by the court. If the parents cannot agree, the schedule must be established by the court. [Fla Stat §61.046(22).]

For the purposes of establishing and modifying parenting responsibility and creating, developing, approving or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with the child and with each other, the best interest of the minor child remains the primary consideration. [Fla Stat §61.13(3).] However, the factors previously in Fla. Stat §61.13(3) have changed, some rather significantly. Some factors have been deleted. The order and numbering of factors has changed. New factors have been added.

(a) 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) Moral fitness of the parents.

(g) Mental and physical health of the parents.

(h) Home, school, and community record of the child.

(i)  Reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express preference.

(j) 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) 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) 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.

(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) 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) Demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

(q) Demonstrated capacity of 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 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) 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.

It is important to also know that both parents are entitled to information about their child, under Fla. Stat.  SEQ CHAPTER \h \r 1§61.13(2)(b)(3), which states that “Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, may not be denied to either parent. Full rights under this subparagraph apply to either parent unless a court order specifically revokes these rights, including any restrictions on these rights as provided in a domestic violence injunction. A parent having rights under this subparagraph has the same rights upon request as to form, substance, and manner of access as are available to the other parent of a child, including, without limitation, the right to in-person communication with medical, dental, and education providers.” 

Both parents must communicate with each other regarding doctor appointments, dental appointments, and educational issues concerning their child(ren).  Each parent has the right to be involved in these activities and to know about them in advance.  Our Firm encourages parents to openly communicate with each other regarding the child(ren)’s appointments and school activities/teach conferences, so that your child(ren) are secure in knowing that both parents take a proactive role in your child(ren)’s lives. 

Both parent must also ensure that their child(ren) communicate with the other parent while in their care.  It is a good idea to set up a time each day for this communication to occur.  This communication can be via telephone, webcam, instant message, or all of the above.  Remember, your child benefits from the love and affection of both parents.  While your child is with you, it is your duty to ensure that your child(ren) speak(s) with the other parent.   

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Laing & Weicholz, P.L. is located in Boca Raton, Palm Beach County, Florida.  We serve all of South Florida, including Broward, Dade and Palm Beach Counties and provide family law legal representation for: divorce, relocation, child support, child custody, visitation, time sharing, child abuse, domestic violence, procuring and defending restraining orders, paternity suits, ante-nuptial agreements and post-nuptial agreements.

Call (561) 416-1818 to schedule a free consultation today.