Section 61.13, Florida Statutes, further outlines twenty factors that the Court may consider when evaluate the best interest of the minor child.ĭuring a divorce or separation, arguments may arise, but it is imperative to avoid placing yourself in a situation where one party could claim that the other party engaged in domestic violence. When making a determination of the best interests of the child, the Court shall evaluate all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family.
Rather, the primary consideration is simply the best interest of the minor child. The Courts are not concerned with whether the schedule ordered is convenient to the parents. This means that the Courts must evaluate, as its primary consideration, whether the actions requested by either parent are in the best interest of the minor child or children. The legal standard used when determining timesharing is the best interest of the minor child or minor children. There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.” However, taking certain actions during your separation or divorce could adversely impact your ability to obtain a successful result when it comes to timesharing. In fact, section 61.13, Florida Statutes, provides, “it is the public policy of this state 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 child rearing.
While there is no presumption of 50/50 custody or timesharing, most judges in Central Florida start with the notion that they want each parent to spend as much time as possible with the minor child or children, unless there is a reason that the parent is unfit or unable to spend time with the child or children. Cordover, P.A., by calling us at (813) 443-0615 or filling out our online form.When going through a divorce, the timesharing schedule (commonly referred to as custody schedule), is often a disputed and contentious topic. If you would like to schedule a consultation with a Tampa Bay custody attorney regarding temporary custody or concurrent custody, contact The Law Firm of Adam B. Concurrent custody may not be granted over a parent’s objection, while temporary custody may be granted under narrow, severe circumstances. To recap, while temporary custody takes away the parents’ right to make decisions concerning the children and transfers that right to a family member, concurrent custody allows for both the parents and the family member to make major decisions and access official documents. However, the case may be converted to an action for temporary custody, which may be granted over a parent’s objection if there is clear and convincing evidence that the parent has abused, abandoned, or neglected the child. If either parent objects, then a judge will not grant a final judgment for concurrent custody. Moreover, the family member must obtain both parents’ consent to the concurrent custody.
Unlike temporary custody, the child must have lived with the family member for at least 10 days in any 30-day period in the last 12 months. Like temporary custody, only a relative or stepparent will be granted concurrent custody. Chapter 751 of the Florida Statutes allows for this arrangement in what is termed “concurrent custody.” However, sometimes parents want to give a relative custody rights while also retaining the rights for themselves. Once a judge grants a petition for temporary custody, the relative temporarily assumes the parents’ right to make decisions concerning the child’s healthcare and education, and also assumes the right to obtain documents such as birth certificates and passports. I recently wrote a post explaining temporary custody by an extended family member, a type of action which allows parents to temporarily transfer their custody rights to a relative.
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