When a final judgment is entered in a paternity or divorce case in Florida where there are minor children involve, the court will enter a parenting plan as part of the judgment.  The parenting plan essentially details the time-sharing arrangement as ordered by the court whether it be agreed to by the parties or otherwise.  Usually one or both of the parties in a paternity or dissolution of marriage case will submit a proposed parenting plan to the court.  Ideally, both parties can agree on time-sharing but in reality that is not always the case.  All divorce and paternity cases involving minor children in Broward County are required to attend mediation with both parties and their attorneys present along with a mediator before the matter can be set for a trial before the court.  The majority of family law cases do actually resolve during mediation.  It is only when the parties reach an impasse that the case is set for trial before the presiding Judge.

The Florida courts are always guided by the "best interest of the child" standard.  In all matters before the family courts where there are minor children involved, the best interests of the child will generally dictate how the court handles the case.  The courts begin with the presumption that a 50/50 time-sharing agreement is in the best interests of the children.  In determining what time-sharing arrangement is in the best interests of the child the Florida courts evaluate 19 statutory factors:

1)  The capacity and disposition demonstrated by each parent to encourage and facilitate a continuing and close child-parent relationship, to be reasonable when time-sharing changes are required and to honor the time-sharing schedule.    Here, the court is evaluating the capability and willingness of each parent to cooperate with the other for the benefit of the child.  Being unnecessarily difficult in a family law case does not garner the favor of the courts.  

2)  The anticipated division of parental responsibilities including the extent to which parental responsibilities will be delegated to third parties.  Here the court will evaluate the party's work schedules and the extent to which other individuals such as grandparents are assisting with childcare responsibilities.  

3)  The disposition and capacity demonstrated by each parent with regard to consider and act upon the needs of the child as opposed to the parent.  Pursuant to this statutory factor, the court is evaluating the parent's willingness and ability to put the needs of the child before their own.  

4)  The amount of time that the child or children have lived in a satisfactory and stable environment and the desirability of maintaining continuity.  The courts ordinarily do not take the position that it is in the best interest of the child to disrupt a living situation in which they are thriving absent a showing by one of the parents proving the contrary.

5)  The practical viability of the parenting plan with respect to geography.  The court gives special consideration to the needs of school age children land the amount of travel time which is required in order to effectuate the parenting plan.  

6)  The "moral fitness" of the parents is evaluated by the court.  

7)  The physical and mental health of each parent is evaluated by the court in determining what time-sharing arrangement is in the best interests of the child.  

8)  The home, community and school record of the child are evaluated by the court.

9)  The preference of the child is taken into account if the preference is reasonable and he court finds that the child is deemed to be of sufficient intelligence, understanding and experience to be able to express that preference.  

10)  The knowledge, capacity and disposition demonstrated by each parent to keep informed about the circumstances of the child including but not limited to the child's friends, teachers, medical care providers, daily activities and favorite things.  Here the court is evaluating the extent to which the parent supervises and participates in the child's day to day life.  

11)  The capacity and disposition demonstrated by each parent to provide a consistent routine for the child with regard to such things as discipline, daily schedules for homework, meals and bedtime.  

12)  The court will look into all evidence regarding past instances of child abuse, sexual violence, domestic violence, child neglect or child abandonment regardless of whether or not those issues were brought before a court of law .  

13)  Evidence that either parent has provided false evidence about any prior action regarding domestic violence, child abuse, child neglect, child abandonment or sexual violence.

14)  The division of parental responsibilities both before and during the pendency of the litigation.  

15)  The capacity and disposition demonstrated by each parent to maintain an environment that is free from substance abuse.

16)  The capacity and disposition demonstrated by each parent to protect the child from the ongoing litigation.

17)  The developmental needs and stage of the child and each parent's demonstrated disposition and capacity to meet the child's developmental needs.  

18)  The court is also free to evaluate any other factor that is viewed as relevant in making a determination as to the best interests of the child.  

Call today to set up a free case evaluation.  Broward County Family Law Attorney Antonio D. Quinn, Esq. will discreetly and confidentially help you evaluate your options moving forward and evaluate how he can use his experience and skills to provide you with the strongest legal representation possible in your family law case.  Some of the cases we handle include:

• Time Sharing and Child Custody
• Division of Property and Equitable Distribution
• Child Support Enforcement
• Child Support Modification
• Alimony
• Modifications
• Marital Settlement Agreements
• Domestic Violence
• Parenting Plans
• Prenuptial Agreements
• Paternity