Orlando Lawyers - Divorce and Family Law

ORLANDO LAWYERS - CRIMINAL DEFENSE, DIVORCE, DUI & PERSONAL INJURY

CHILD CUSTODY INFORMATION:
In Florida, the court will determine all matters relating to parenting
and time-sharing of each minor child of the parties in accordance
with the best interests of the child and in accordance with the Uniform
Child Custody Jurisdiction and Enforcement Act. It is also the public
policy of this state to assure 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.

On this page of our firm's website we provide some general
information about Child Custody in Florida. For more specific
information, Call us today at (407) 648-5255 to speak with an
Orlando Family Law attorney about your individual situation.

Changes in the Law - On October 1, 2008, modifications to Florida Statute 61.13 pertaining to
Parenting and Time-Sharing went into effect. The Courts must now approve a parenting plan that,
at minimum, describes in adequate detail how the parents will share and be responsible for the
daily tasks associated with the upbringing of the child, the time-sharing schedule arrangements
that specify the time that the minor child will spend with each parent, a designation of who will be
responsible for any and all forms of health care, school-related matters, other activities, and the
methods and technologies that the parents will use to communicate with the child.

Presumptions for the Mother or Father - There is no presumption for or against the father or
mother of the child when creating or modifying the parenting plan of the child.

Parental Responsibility - In most cases, parental responsibility will be shared by both parents.
This means that the parents will discuss all of the major decisions regarding the welfare of the
child. In certain cases the Court may grant to one party the ultimate responsibility over specific
aspects of the child's welfare or may divide those responsibilities between the parties based on
the best interests of the child. Areas of responsibility may include education, health care, and any
other responsibilities that the court finds unique to a particular family. If the parties cannot come to
an agreement regarding a major issue, the courts will decide it for them. If the court determines
that shared parental responsibility would be detrimental to the child, it may order sole parental
responsibility and make such arrangements for time-sharing as specified in the parenting plan as
will best protect the child or abused spouse from further harm.

For purposes of establishing or modifying parental responsibility and creating, developing,
approving, or modifying a parenting plan, including a time-sharing schedule, which governs each
parent's relationship with his or her minor child and the relationship between each parent with
regard to his or her minor child, Florida Statute 61.13 states that the best interest of the child shall
be the primary consideration. Determination of the best interests of the child shall be made by
evaluating all of the factors affecting the welfare and interests of the minor child, including, but 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, regardless of whether a prior or pending action relating to those issues has been
brought.
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.

Location of the Child - The court has jurisdiction to approve, grant, or modify a parenting plan,
notwithstanding that the child is not physically present in this state at the time of filing any
proceeding under this chapter, if it appears to the court that the child was removed from this state
for the primary purpose of removing the child from the jurisdiction of the court in an attempt to avoid
the court's approval, creation, or modification of a parenting plan.

Records - 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.

For more information about any of these issues, Call us today at (407) 648-5255 to speak with an
Orlando Family Law and Divorce attorney to see how we can help you. We represent individuals
with Divorce and Family law issues throughout the Orlando and Central Florida area.

Our Family Law Pages: Family Law Home Page> Child Custody> Child Support> D ivorce>
Injunctions> Paternity> Free Divorce Guide> FAQ Family Law & Divorce> Mandatory
Disclosure Rule>

The hiring of an attorney is an important decision which should not be based solely on advertisements. The information presented at this site is not legal
advice, and does not create an attorney-client relationship. This site is designed to provide only general information. The facts of your case are unique,
and you should consult an attorney for advice regarding your individual situation. We invite you to contact us to speak with an Orlando DUI Lawyer at your
earliest convenience to schedule a consultation.

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