Can a Baby Be Shared in Sustody in Florida

Florida Child Custody Constabulary

Overview of Kid Custody in Florida

In 2008, the Florida legislature made broad changes in laws associated with custody. One of those changes was to eliminate the words "custody," "custodial," "non-custodial parent," "primary residence," "primary residential parent," and "visitation." Despite this alter, the older terms are often used interchangeably with the updated terms, which include "shared parental responsibleness," "sole parental responsibility," "majority time-sharing," and "equal time-sharing." Considering the word "custody" has the connotation of possession, or control, it was felt parental responsibility and time-sharing were more accurate descriptions of what really happens to children when their parents divorce.

child custody in florida Strongly unsaid in the wording is the idea that bringing up children is a responsibility and parents have a mandate to uphold that responsibility throughout their child's life. Decision of time-sharing refers to where the kid volition alive. In the state of Florida, the Courts take two options when determining parental responsibilities. Shared parental responsibleness can exist awarded in which the parents share parenting duties and brand decisions together. Sole parental responsibility tin can be awarded, pregnant one parent makes the decisions regarding education, medical issues and religious choices too as the mean solar day-to-day decisions.

The default in the land of Florida is shared parental responsibility unless the parents are unable to agree on those major decisions, in which example a approximate will decide. Ideally, the courts desire both parents to be involved in their child'southward upbringing and life. Forth with the changes in terminology came the necessity of a cohesive parenting plan and time-sharing agreement. Absent-minded whatsoever evidence to the contrary, the estimate will presume both parents are equally interested in their child's life. In society for fourth dimension-sharing agreements to be enforceable, the parenting plan and time-sharing agreement must be extremely detailed.

Your Custody Rights vs. the Best Interests of Your Kid

Both parents may have extremely strong feelings regarding who should be awarded sole parental responsibility. While it is a given that most parents want the all-time for their child, it can exist difficult to put aside the feelings you have for your ex when determining what is in the best interests of your kid. Truly focusing on your child's all-time interests means all custody and visitation discussions and decisions are fabricated with a goal of ensuring your child's happiness, emotional and mental health and feelings of security.

Maintaining a close, loving relationship with both parents is generally in the child'southward best interests, notwithstanding the practicality of this type relationship can be challenging. Especially among parents who had a contentious breakdown, putting the by and all those feelings aside in order to truly practice what is all-time for the child can be difficult. Attempt to call back the choices you and your ex brand now will affect your child's development and your relationship with the child for years and years. While the "all-time interests" of the child can be difficult to quantify, some factors which may decide best interests include:

Physical health of each parent;
Mental health of each parent;
Religious considerations;
Cultural considerations;
If the child is old plenty, or mature enough, the wishes of the child;
The back up and opportunity for interaction with extended family members;
The need for the continuation of a stable habitation environment;
For special needs children, the manner in which each parent addresses those needs;
The age and sex of the child;
The power of the child to arrange to changes in school or community;
The relationship of the kid with siblings and other members of the household;
I parent'south excessive subject of the child;
Emotional abuse directed at the kid by one parent;
Whatever pattern of domestic violence, and
Evidence of parental drug, booze or child/sex activity abuse.

What a Approximate Volition Consider When Deciding on Parental Responsibleness

florida child custody laws If yous and your child'due south other parent are unable to reach a mutually acceptable arrangement regarding how parental responsibilities volition exist shared, a Florida judge could stride in and make those decisions for yous. While 1 or both parents may believe they are obviously the meliorate parent, a Florida gauge is not as probable to distinguish 1 parent as "proficient," and the other as "bad." The exception to this could be when a parent has fabricated seriously negative life choices. These negative life choices could include the use of drugs or alcohol, incarceration or instances of domestic violence. Even when one of these factors is present, the court may notwithstanding believe contact with both parents remains in the best interests of the child. Whenever possible, it is most e'er better for parents to put bated their differences and truly piece of work toward the best interests of their child rather than letting a judge make that decision for y'all. If that is simply non possible, your Florida judge will likely consider the post-obit factors when deciding on parental responsibility:

Which parent is more than likely to let the child to have frequent, continuing contact with the other parent;
Which parent has the power to provide the more stable home environment;
Which parent has the ability to provide necessary items including food, article of clothing and medical care;
The moral fitness of each parent;
The task security of each parent;
Whether one parent travels frequently for his or her job;
The amount of time the kid has been in a stable home environment;
The emotional bond between each parent and the kid;
The "proposed" home of each parent after the divorce;
The child'due south history, concerning home, school and community;
The extent of each parent'south knowledge of the child's schedule, likes, dislikes, friends, medical information and schoolhouse data;
The parenting tasks typically performed past each parent;
The extent parenting responsibilities were and will be conducted past a tertiary party;
The ability of each parent to provide a consequent schedule for the child, and
Whatsoever evidence of domestic violence, kid corruption or child fail.

The Role of Mediation in a Florida Kid Custody Example

custody mediation in florida Arbitration for parental responsibilities tin allow parents to avoid hostile, stressful or traumatic court battles, allowing both parents to reach a mutual goal of the child's best interests. In the state of Florida, all cases involving contested custody or visitation matters are referred to mandatory mediation, provided each party has legal representation and no allegations of domestic abuse exist. The goal of arbitration is to change a dispute from a "win-lose," to a "win-win," situation in a non-adversarial process. Mediation involves a neutral third-party, who has been trained in dispute resolution, who volition assist parents in resolving the problems which are causing disharmonize. Any issues which are not resolved through arbitration will be heard by a judge. Everything said during mediation sessions is confidential and may not be repeated to anyone other than the other political party or the attorneys for the respective parties. Mediation tin can give parents more control over the outcome of their parental responsibility issues, and, in most cases, mediated cases resolve much more quickly. In that location are two principal sources of mediation – private mediators and a court-provided mediator. The cost of a courtroom-provided mediator is based on Florida Statutes and may be provided at a reduced rate for those with a combined almanac income of less than $100,000. A Financial Affidavit must exist filed with your case in order to establish these fees. The cost of a private mediator is unremarkably more comparable to attorney hourly fees and can bridge quite a large range. But individual mediators tend to be the better selection even though they are much more expensive than courtroom-provided mediators. Private mediators tend to have more than time, more expertise, and are more goal oriented. Another distinct do good to private mediators is the fact that many of them are also family constabulary attorneys. That gives them the feel and knowledge to suggest legally supportable solutions to the parents. Ayo and Iken tin provide you lot with an experienced attorney, or a Florida Supreme Court Certified Family Law mediator.

The mediator will hash out such bug with the parents as:

Volition the amount of child support be per agreement between the parties or determined by Florida Statute?
What visitation arrangements volition exist in place?
How much life or wellness insurance will be provided for the children past the parents?
Which parent volition pay for uncovered medical or dental expenses?
Who will make decisions regarding education, health or religious issues?
How volition time to come unexpected costs exist shared by the parents?

Other than mediation, you could consider Parenting Coordination, which provides a child-focused, alternative dispute resolution procedure. Parenting Coordination helps the parents create a feasible parenting plan and time-sharing agreement. If you are court-ordered to Parenting Coordination, the coordinator may be given approval past the court to brand express decisions.

What You Need to Know About a Florida Parenting Programme

Florida law requires parents to create a parenting program which volition meet the needs of the individual child. This plan will and then exist canonical by the court. If the parents are unable to create a parenting plan, 1 will be created past the court. Parental responsibility volition be addressed in the parenting plan as well as fourth dimension-sharing. Whether one parent will have sole parental responsibility and the other will have time-sharing rights or whether the parents will accept shared parental responsibility, volition exist conspicuously spelled out in the parenting plan. Some parents divide responsibilities, or decide that 1 parent volition take responsibility over specific areas. Unless information technology is clearly non in the best interests of the child, well-nigh Florida courts will prefer a decision of shared parental responsibleness. The parenting plan must include, at a minimum, the following:

Which parent will be responsible for the health care of the kid, or if that responsibility volition be shared;
A articulate time-sharing plan which details the time the child volition spend with each parent;
A written description of how each parent will share the daily tasks of raising the child, including provisions which business relationship for unexpected issues which arise;
Which parent will exist primarily responsible for educational decisions, including which parent's address will be used to determine schoolhouse district;
How and when pickups and drop-offs will take place;
Which parent will exist primarily responsible for extracurricular decisions, and
How each parent will communicate with their child when the child is with the other parent (e-mail, text, phone, etc).

While a parenting plan cannot perchance anticipate every occurrence, it is meant to provide a road map which makes the process of sharing responsibility easier for the parents and the kid. The Florida Supreme Courtroom has approved 3 generic parenting plans which parents can utilize as a guideline to create their own. The showtime parenting program template is applicable to parents who live relatively close to one another. The second is a supervision and rubber-focused plan for times when the condom of the child is an issue, and the third addresses unique factors such every bit a parent relocating or parents who live a significant distance from i another. While many parents strive for a true l/l division of parental responsibilities and time-sharing, in reality this rarely works, particularly if the parents exercise not live very close to 1 another.

When the child goes back and forth during the schoolhouse week, from one parent's home to the other, in that location is a loftier likelihood that important things (textbooks, backpacks, article of clothing for school sports) will exist at the other parent's habitation when needed. Many parents who endeavour a truthful fifty/50 dissever cease up changing to a more workable program. This could hateful one parent has the children from Mon evening through Friday morning, and the other has the children from Fri after school through Monday morning when they go to school. Holidays, birthdays and school vacations are split up between the parents.

Other Issues Related to the Granting of Sole or Shared Parental Responsibility

Some parents wonder whether their decision to remarry volition impact their chances for sole parental responsibleness. In fact, unless the new spouse could be considered a danger to the child, the new marriage will probable not factor into the conclusion of parental responsibility at all. The judge will look at both parents, their lifestyles, their mental and physical wellness, their stability, their power to provide a stable dwelling house life and whether each parent is probable to encourage the children to spend fourth dimension with the other parent.

Other parents wonder whether their political or religious behavior will become an issue to the decision of parental responsibility. This question is largely dependent on whether the other parent believes those political or religious beliefs are harmful to the kid—and whether the guess agrees. Courts are, understandably, hesitant to interfere with a parent's religious or political views, so whether yous are a staunch Republican or a die-difficult Democrat, information technology is unlikely to have any impact on your case.

Custody Issues Outside of a Divorce

Although nearly custody problems are in relation to a divorce, at that place are custody issues associated with paternity, guardianship, juvenile delinquency and termination of parental rights. The award of parental responsibility concerns parental rights, privileges, duties and powers continued to child rearing also as physical custody of your child, and the court takes this responsibleness seriously.

Kid custody law in Florida is based on Florida Statutes, prior court decisions, and the general policy and attitudes of the courts. Custody and parenting decisions are based mainly on the "best interests of the child." That means the entire custody conclusion revolves effectually children's interests – non parent'south interests.

The statute specifies a list of factors that every judge must consider in a parenting instance. Consideration of each factor is mandatory and court orders usually specify facts supporting each cistron. A final custody guild normally will show which parent prevailed for each factor.

Here is a list of the custody factors – quoted directly from the statutes:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a shut and standing 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 fourth dimension the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting program, with special attention paid to the needs of school-age children and the corporeality of time to exist spent traveling to effectuate the parenting plan. This factor does non create a presumption for or confronting relocation of either parent with a child.

(f) The moral fitness of the parents.

(thou) The mental and concrete health of the parents.

(h) The home, school, and customs tape of the child.

(i) The reasonable preference of the child, if the courtroom deems the kid to be of sufficient intelligence, agreement, and experience to limited a preference.

(j) The demonstrated noesis, capacity, and disposition of each parent to exist informed of the circumstances of the minor child, including, but not limited to, the child'due south 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 kid, such every bit 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 bug and activities regarding the minor child, and the willingness of each parent to adopt a unified front end on all major issues when dealing with the kid.

(m) Bear witness 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 courtroom accepts show of prior or pending actions regarding domestic violence, sexual violence, child corruption, kid 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 whatsoever prior or pending action regarding domestic violence, sexual violence, kid abuse, child abandonment, or kid neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities earlier the establishment of litigation and during the awaiting litigation, including the extent to which parenting responsibilities were undertaken by tertiary parties.

(p) The demonstrated chapters and disposition of each parent to participate and be involved in the kid'southward school and extracurricular activities.

(q) The demonstrated chapters and disposition of each parent to maintain an environment for the kid which is free from substance corruption

(r) The capacity and disposition of each parent to protect the child from the ongoing litigation every bit demonstrated past not discussing the litigation with the child, non sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the kid.

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child'south developmental needs.

(t) Any other factor that is relevant to the decision of a specific parenting program, including the time-sharing schedule.

Can a Baby Be Shared in Sustody in Florida

Source: https://www.myfloridalaw.com/child-custody-law/

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