Arnelle Strand, P.A.

On October 8th, 2008 there was a major change to Florida Law.  There is no longer the terminology of "custodial parent", "primary residential parents", "non-custodial parents" or "secondary residential parents".  It has been replaced by what is now known as a "Parenting Plan" which would include parenting time sharing schedules for parents and children.  With the change in nomenclature it is hoped to limit future custody litigation as parents are now to be treated simply as parents, with each parent's role being defined in the parenting plan.  The courts will now consider 20 factors focusing upon the parents past behavior behavior during the litigation and the disposition of each parent to act in the future.

The definition of a parenting plan is a document created to govern the relationship between the parties relating to the decisions which must be made regarding the minor child and the time sharing schedule   for the parents and child.  The issues concerning the minor child may include, but not be limited to, the child's education, healthcare, physical, social, and emotional well being, as well as extra curricular activities.  In creating a parenting plan all circumstances between the parties including the parties' historic relationship, domestic violence, and other factors must be taken into consideration.  The parenting plan shall be developed and agreed to by the parents and approved by the court, or if the parents cannot agree, established by the court.

The Court may consider the following factors:
Taken from Chapter 61, Florida Statutes: FS 61-13 (3)(a-t)
(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 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 record 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.
(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.
Custody battles are expensive and complicated. To prove that one parent’s is more likely to provide more of the “best interest of the child” factors set forth above, expert testimony is often required. Parenting Plan Recommendations are often performed by licensed psychologists who can be retained to render an opinion to the court.

Generally, Florida favors the involvement of both parents in the rearing of minor children. Parents are encouraged to facilitate contact with the other parent and to refrain from engaging in discussions about litigation with the children so as to foster a loving relationship with the other parent. It is this Attorney’s opinion that refraining from discussing the case with the children, refraining from making disparaging comments about the other party, and encouraging frequent and open contact between the children and the other parent are paramount considerations by our local courts. Parents are encouraged to work together to ensure that the children do not suffer any more than necessary during the disruptive process of a dissolution of marriage or breakup of a relationship.