Lakeland Child Custody
What is Timesharing?
In Florida family law cases, timesharing refers to the schedule that outlines how divorced or separated parents will share time with their minor children. Under Florida law, the concept of timesharing replaces the traditional notion of "custody," promoting a more balanced and cooperative approach between parents. The court requires parents to develop a parenting plan that details the timesharing schedule, including how overnights, holidays, and vacations will be divided. The primary focus of timesharing arrangements is the best interest of the child, ensuring that both parents remain actively involved in their children's lives while fostering a stable and nurturing environment.
Florida law now creates a presumption of equal timesharing between the parties. The presumption of equal timeshare can be rebutted with evidence relating to the factors that the court must consider when ordering a timesharing schedule, which include, but are not limited to:
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.
The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
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 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.
The moral fitness of the parents.
The mental and physical health of the parents.
The home, school, and community record of the child.
The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
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.
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.
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.
Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect or evidence that a parent has or has had reasonable cause to believe that he or she or his or her minor child or children are in imminent danger of becoming victims of an act of domestic violence, 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.
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.
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.
The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
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.
The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
What is Parental Responsibility?
In Florida family law, parental responsibility refers to the legal rights, duties, and authority a parent has concerning their child's upbringing, health care, and welfare. It indicates the responsibility to make decisions that are in the best interest of the child. The state of Florida typically encourages both parents to share parental responsibility unless it is determined that such an arrangement would be detrimental to the child. This shared responsibility means that both parents must collaborate on significant decisions concerning their child's education, health care, and religious upbringing. Even after a divorce, both parents are expected to maintain active and involved roles in their child's life, ensuring that the child's needs and interests are prioritized.
In cases where shared parental responsibility is not possible or advisable, the court may award sole parental responsibility to one parent. This means that one parent will have the exclusive right to make decisions about the child's welfare and upbringing. Factors that may influence this decision include evidence of domestic violence, substance abuse, or any other condition that might impair a parent's ability to provide a safe environment for the child. Florida law emphasizes the importance of maintaining a stable and nurturing relationship between the child and both parents, whenever possible. Therefore, even in cases of sole parental responsibility, the non-custodial parent may still have rights to visitation or other forms of contact to foster a relationship with their child.
What is Temporary Custody by an Extended Relative?
In Florida family law, temporary custody by an extended relative refers to a legal arrangement where a relative, such as a grandparent, aunt, or uncle, is granted legal custody of a child. This arrangement is typically sought when the child's parents are unable to provide adequate care due to reasons such as illness, substance abuse, incarceration, or other circumstances that may prevent them from fulfilling their parental responsibilities. Extended custody by a relative is intended to ensure the child's safety and well-being by placing them in a stable and supportive environment with a familiar and trusted family member. The process involves filing a petition with the court, providing evidence of the necessity for custody, and demonstrating that this arrangement serves the child's best interests.
The court considers various factors before granting extended custody to a relative in Florida, including the child's relationship with the relative, the relative's ability to care for the child, and the child's own preferences if they are of sufficient age and maturity to express them. This legal arrangement can be temporary or permanent, depending on the circumstances and the court's findings. It's essential for the relative seeking custody to understand the responsibilities and legal implications involved in becoming a child's custodian, as they will be responsible for the child's day-to-day needs and decisions regarding their education, healthcare, and overall welfare. Custody by an extended relative is a crucial option in Florida family law, providing a necessary alternative to foster care and ensuring that children remain within their family network when possible.
