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Modifying Parental Responsibility
Modifying Parental Responsibility
Florida Statute 61.13 subsection (3) contains factors to be considered by the court in establishing or modifying parental responsibility and creating or developing a parental plan including a time sharing schedule. (3) For purposes of establishing or modifying parental responsibility and creating,developing,approving, or modifying a parental plan,including a time sharing schedule, which governs each parents relationship with his or her4 minor child and the relationship between each parent with regard to his or her inor child the best interest of the child shall be the primary consideration.Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the minor child 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 paren tal 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 of 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 desirability of maintaining continuity.
(e) The geographic viiability of the parenting plan, with special attention paid tom the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan with a child.
(f) The moral fitnerss 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 dispostion of each parent to be informed of the circumstances of the minor child,including but not limited to, the childs friends teachers, medical care providers daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routinefor the child, such as discipline, and daily schedules for homework, meals and bedtime.
(l) The demonstrated capacity of each parent to communicate and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to afdopt 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 each parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence,sexual violence, child abuse or 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.
Free consultation with a Florida lawyer
For a free domestic violence consultation by telephone, call Miami attorney Theodore Enfield at 305-933-9592 or 1-800-733-5299 or fill out the contact form on this Web site.