The “best interest of a child” is a guiding principle used for most custody decisions, regardless of geographic location. This standard exists as a means of protecting the physical and emotional well-being of a child following the dissolution of a marriage. It is intended to ensure that the custody agreement between parents will be based upon examining who is best suited to care for the child, based on the child’s needs.
In Florida, a Parenting Plan is required for all time-sharing (custody) cases involving minor child(ren). As outlined in our previous post, the Parenting Plan consists of court-approved guidelines that govern the custodial agreement between the parents. This includes provisions for time-sharing, health care, educational matters, the child’s extracurricular activities, and more. If the parties cannot agree or if the parents agreed to a plan that was not approved by the court, a Parenting Plan will be established by the court.
While many parents seek either majority timesharing or equal time sharing, providing 50-50 timesharing options, if the parents cannot agree, the court must determine the best interest of the child or children. Most circuits in Florida have time sharing guidelines if the parents cannot agree but there is no set formula. But the “best interest of a child” always remains the keystone guideline. Some of the primary factors that Florida Courts consider when considering what is in the “best interest of a child” for a Parenting Plan can be found in the 2022 Florida Statutes 61.13 (3) a-t. These include:
(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 the 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 records 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.
Two important things should be noted about preparing a Parenting Plan. The first is that per Florida Statute 61.13 (3), “A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without 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.”.
The second is that if you believe you are the best fit for custody in a way that meets the best interest of your child(ren) and the other parent does not agree, then you will need to be well-prepared to present your case to the court for consideration.
In either case, you should never attempt to navigate such a critical legal challenge alone. Find an experienced family law attorney to help you understand every factor that a judge may be considering, within and outside of the Florida Statutes. Let them help you put together a strategy for presenting your case and putting together a Parenting Plan that is fair to you, the other parent, and most of all, which serves the best interest of your child(ren). The family law attorneys at Parra Harris Law provide years of experience in all areas of divorce, custody and family law. We are caring, compassionate and bilingual. Contact us at (904) 900-1617 or [email protected] for immediate assistance.
