How Does the Court Determine the Best Interests of My Child in a Time-Sharing Disagreement?
Children are the most important part of your life, and as such the court requires many factors be taken into account when determining their best interest. The best interest of the child standard was formulated by Florida legislators to offer a standard for courts to focus on the ultimate goal of fostering an environment where the child’s physical, emotional and mental health is the prime concentration. The court will look at each case individually, and investigate specific factors and provide appropriate weight to each. Talk with your Orlando Child Custody Attorney to see how this can affect your case and allow them to create and present a custody agreement that will fall in line with these standards.
Florida Statute 61.13 governs the establishment of the best interest of the child, and the 20 factors the court may take into account when determining a proper parenting plan or time-sharing schedule. These factors are not all encompassing, and the statute provides room for unlimited evidence to be presented to facilitate a proper determination.
“Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:
(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. 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.”
Florida places a great deal of weight on maintaining a relationship between both parents and the child. However, a child’s best interest will always be of the utmost importance. The best interest of the child is a cornerstone of a child custody of agreement and each factor should be fully discussed and understood with your attorney. Your Orlando Child Custody Attorney will help you gather evidence to present to the court for each factor relevant to your case.
When your relationship with your child is at stake, you want to have someone on your side who can help you to ensure that your rights are also protected during the process and the proper factors are taken into account. Contact your experienced Orlando Child Custody Attorney to protect the interests of your family.
Speaking to an attorney at our office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.