For Coparenting to be Successful, it’s Important to Understand how Parental Responsibility is Defined in Florida Parenting Plans
Florida custody laws from Fort Lauderdale to Boca Raton can’t teach you how to make coparenting a success. And custody support can be difficult to find, no matter how many family parenting sources you search.
First of all, the phrases sole custody in Florida and joint custody in Florida are obsolete. It’s especially important to know how Florida Family Law has adapted to modern divorce and custody issues. Let’s start with the buzzword overtaking the conversation about Florida custody laws. Coparenting. You may not love the idea, but it’s something you need to adapt to.
Lessons in Florida Child Custody from Fort Lauderdale to Boca Raton
Halle and Gabriel. Usher and Tameka. Steve and Alejandra. Unless you are Lindsay Lohan, a replacement referee for the NFL or part of the Republican majority, you’ve probably been in touch with reality this past year. If so, the link between these couples is obvious. The combination of divorce and custody can be a nightmare when two parents have to share child time.
Society has an obsession with celebrity trends. Even when it comes to parents custody and divorce family issues. The attention on these celebrities has led many on a desperate search for the best child custody lawyers to help solve their issues with parental responsibility. Parenting children is tough. Parenting divorced or after a failed relationship is a whole new ballgame.
Answers to Coparenting and Parental Responsibility Questions that Have to Do with a Florida Parenting Plan
In previous posts, we discussed Florida’s abandonment of both the terms visitation and custody. This means joint custody in Florida and sole custody in Florida are obsolete when it comes to parental responsibility for a divorce parent. The new terms are time sharing and parenting plans. The goal is to reduce the adversarial nature used by many divorce and custody lawyers.
Palm Beach County family courts can no longer adopt parenting plans that simply provide for sole custody or joint custody in Florida. Not only are the terms a far cry from the cooperative style parents should adopt when it comes to their kids, but these generic labels leave far too much ambiguity for families to sort out.
Consequently, all parenting plans must now describe in detail how parental responsibility will be shared for the daily tasks associated with raising the child. The parenting court order has to detail the time the child will spend with each parent, including transportation. Florida parenting plans must also clearly state who will undertake parental responsibility for decisions about health care and academic issues. In addition, specifics as to how and when the parents communicate with the child and each other as well as who has children times are necessary.
A Change in the Ethos of Florida Custody Laws
Long gone are the days when Mama Dukes would simply ride off into the sunset with the kids in tow. Pops coming by every other Saturday for an outing to the race track and ice cream is no longer the standard. Palm Beach County family courts believe that recent changes to Florida custody laws have done away with any presumption against 50/50 custody or equal time sharing.
The excuse that one party needs to breastfeed or provide extraordinary medical care for the minor child? This will no longer serve as an excuse to restrict overnights with the other parent. The best lawyers from Fort Lauderdale to Boca Raton know that the relationship with your child is the most important thing in your life. In conclusion, creating a parenting plan that best meets the needs of your family is the first step to ensure their transition to this new dynamic is as seamless as possible.
Boca Raton Child Custody Attorney Details Florida Statute 61.13 which Establishes Parental Responsibility under Florida Custody Laws
To establish parental responsibility and create Florida parenting plans, the best interest of the child is the primary consideration. Florida family court judges determine the best interests of the child through several factors:
- Demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship.
- The anticipated division of parental responsibility after the litigation.
- 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.
- Length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- Geographic viability of parenting plans.
- Moral fitness of each parent.
- Mental and physical health of each parent.
- Home, school, and community record of the children divorce.
- The reasonable preference of the child. This is only if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
- The desire and ability of each parent to know about the circumstances of the minor child.
- Demonstrated capacity and disposition of each parent to provide a consistent routine for the child.
Additional Factors in Florida Statute 61.13 which Establish Parental Responsibility under Florida Custody Laws
- The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child
- Evidence of domestic violence, child abuse, abandonment, or neglect, regardless of whether a prior or pending action relating to those issues has been brought.
- Evidence that either parent has knowingly provided false information to the court regarding domestic violence, child abuse, abandonment, or neglect.
- The particular parenting tasks customarily performed by each parent and the division of parental responsibility since the parents separated.
- Demonstrated capacity and disposition of each to participate and be involved in child relationships parents.
- The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
- Capacity and disposition of each parent to protect the children relationship due to ongoing litigation.
- The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
- Any other factor that is relevant to the determination of a specific parenting plan, including children parental rights.
Florida Custody Laws and Paternity Cases from Fort Lauderdale to Boca Raton
Parental responsibility for unmarried parents can’t be decided until paternity has been established. Florida Statute 742.10 governs establishing paternity in Florida for children born out of wedlock. An unmarried fathers rights don’t exist without a paternity order.
Until there is a legal order determining child custody and the relationships parenting guidelines, only an unwed mother can get a pick up order. It doesn’t matter if the couple has entered into a coparenting agreement. The mother remains the natural guardian of the child even if the other party is the undisputed father and present at the children’s births. Consequently, the law fathers are able to use to protect their rights is extremely limited.
Florida Custody Laws Prohibit the Entry of a Parenting Plan Without an Adjudication of Paternity
We live in a world where the term baby daddy has made its way into the Oxford English Dictionary. Our approval rating of talk shows directly corresponds with the number of men on a DNA panel to determine child paternity. It may come as a surprise that proving you are not the father of a child is much more difficult than those guys on Maury make it look. This is especially true if the man is married to the child’s mother when the baby is born. According to this Boca Raton Family Attorney, the father child relationship and the rights child may have is strained because of these regulations. In fact, there are many circumstances which prohibit a man from contesting it in paternity court altogether. It’s extremely important to be familiar with these exceptions for establishing child father relationships to avoid the unnecessary waste of resources.
Click Florida Custody Laws today to schedule your consultation. Proudly Serving Boca Raton, Lauderdale Beach, Delray Beach, West Palm Beach and all of Palm Beach County, Florida. Assisting in all matters of Florida Family Law.
Boca Raton Divorce And Custody Attorneys Practice Areas Include:
Simplified Dissolution of Marriage
Florida Custody Laws
Florida Parenting Plan
Time Sharing In Florida
Relocation Under Florida Statute 61.13001
Florida Statutes Chapter 39
Modification of Child Custody In Florida
Florida Child Support Enforcement