Saint Augustine, FL asked in Child Custody for Florida

Q: How does one have the most time sharing in Florida?

I'm about to go through a divorce and it is in the child best interest to live mainly with me. But I want his mom to have visitation.

Related Topics:
1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Here are the factors that the court will consider (about both parents):

The best interests of the child(ren) is the primary consideration in the Parenting Plan. In creating the Parenting Plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration. Determination of the best interests of the child(ren) shall be made by evaluating all of the factors affecting the welfare and interest of the particular minor child(ren) and the circumstances of that family, as listed in section 61.13(3), Florida Statutes, 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(ren) as opposed to the needs or desires of the parent;

 The length of time the child(ren) 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(ren);

 The moral fitness of the parents;

 The mental and physical health of the parents;

 The home, school, and community record of the child(ren);

 The reasonable preference of the child(ren), if the court deems the child(ren) 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(ren), including, but not limited to, the child(ren)’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(ren), 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(ren), and the willingness of each parent to adopt a unified front on all major issues when dealing with the child(ren);

 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 or 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(ren)’s school and extracurricular activities;

 The demonstrated capacity and disposition of each parent to maintain an environment for the child(ren) which free from substance abuse;

 The capacity and disposition of each parent to protect the child(ren) from the ongoing litigation as demonstrated by not discussing the litigation with the child(ren), not sharing documents or electronic media related to the litigation with the child(ren), and refraining from disparaging comments about the other parent to the child)ren); and

 The developmental stages and needs of the child(ren) and the demonstrated capacity and

disposition of each parent to meet the child(ren)’s developmental needs.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.