How To Get Custody Of A Child Under 61.13 Florida Statutes

how to get custody of a child Boca Raton, FloridaBoca Raton Child Custody Attorney, Jordan Gerber, Esq., Explains Time Sharing in Florida

This post will explain how to get custody of a child under 61.13 Florida Statutes.

The primary consideration when making these decisions is the best interest of the child. In fact, this must be the focus when determining time sharing in Florida. It’s especially relevant to note that  61.13 Florida Statutes no longer uses certain verbiage. Specifically, terms like sole custody, joint custody or residential parent. Consequently, this has motivated Palm Beach County judges to move closer to the presumption that a 50/50 split be the starting point for time sharing in Florida.

Instead of Focusing on How to Get Custody of A Child, 61.13 Florida Statutes Places Time Sharing as Top Priority

There are many challenges parents can face when tackling time sharing in Florida. Creating a functioning parenting plan and determining the specifics of parental responsibility can be daunting. This is especially true when Palm Beach County parents can’t imagine joining hands for a verse of Kumbaya. This is hardly a surprise after they have gone through a complex  divorce or a case establishing paternity.  That’s why it is so important to find the best Boca Raton child custody attorney for you and your family.

how to get custody of a child Boca Raton, FloridaUnderstanding How to Get Custody of A Child Under Florida Statute 61.13 is Extremely Important

Even in the friendliest situations, co parents may not be familiar with Florida Family Law. For example, a party may not realize that their question of how to get custody of a child is somewhat esoteric. Consequently, this leaves them with questions about recent changes to Florida Statute. Understanding parental rights in Florida and the importance of a detailed shared custody agreement is a different ballgame now. Of course, knowledge is power. The last thing anyone wants is to be hauled back into Palm Beach County family court. Especially because they failed to choose the best child custody lawyers to create a thorough parenting plan.

At The Law Office of Jordan Gerber, P.A.  it’s our mission to make sure that you have a Florida parenting plan that works best for your co-parenting style.

61.13 Florida Statutes Details Time Sharing in Florida

The best interest of the child is the primary consideration for purposes of creating or modifying a Florida parenting plan. Palm Beach County family court judges do this by evaluating several factors contained in Florida Statute 61.13.

  • Each parent’s desire and ability to facilitate and encourage a close and continuing parent-child relationship. 
  • The anticipated division of parental responsibilities after the litigation. Additonally, the extent to which parental responsibilities will be delegated to third parties.
  • The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to their own.
  • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
  • The geographic viability of the parenting plan. It’s important to note that this factor doesn’t create a presumption for or against relocation of either parent.
  • The moral fitness of the parents.
  • The mental and physical health of the parents.
  • The home, school, and community record of the child.
  • 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.

Understanding Florida Statute 61.13 Factors Helps Parents Understand How to Get Custody of a Child

  • The desire and ability of each parent to be informed of the circumstances of the minor child.
  • Each parent’s desire and ability to provide a consistent routine for the child.
  • The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child. Also, the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
  • Evidence of domestic violence, abuse,  abandonment, or neglect.
  • Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, abuse, abandonment, or neglect.
  • The particular parenting tasks customarily performed by each parent. This includes the division of parental responsibilities before and during the pending litigation.
  • The demonstrated capacity and disposition of each parent to participate and involve themselves in the child’s school and extracurricular activities.
  • The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
  • Each parent’s desire and ability to protect the child from the ongoing litigation.
  • The developmental stages and needs of the child as well as the demonstrated capacity and disposition of each parent to meet these needs.
  • Any other factor that is relevant to the determination of a specific parenting plan, including the time sharing schedule.

how to get custody of a child Boca Raton, FloridaHow to Get Custody of a Child Under 61.13 Florida Statutes When Things go South

After finding that a party has violated the parenting plan, a custody court can take several measures. All of which are also included in 61.13 Florida Statutes.

  1. Award the parent a sufficient amount of extra time sharing as compensation.
  2. Order the violating courts parent to pay reasonable court costs and attorneys’ fees incurred due to the other parent courts involvement.
  3. Require the party to attend the best parenting course approved by the judicial circuit.
  4. Order the parent to do community service. The order can’t interfere with the welfare of the plans children.
  5. Order the party to take on the financial burden to enforce the time sharing included in the parties parenting plan. Consequently, this is only if the child lives more than 60 miles away from the other parent.
  6. Modify the parenting plan.
  7. Impose any other reasonable sanction as a result of noncompliance with laws child custody.

How to Get Custody of a Child When Moving from Florida

Florida Statute 61.13 discusses relocation in a custody case under section 61.13001. If all parties entitled to  time sharing agree to the relocation, a written agreement does the trick. The parents agreement must reflect consent to the party relocating and include a new time sharing schedule. The agreement also has to detail any transportation arrangements. All agreements are final upon written agreement of the parties subject to court ratification. However, this section of 61.13 Florida Statutes provides an additional ten days for a party to change their mind about the agreement.

If no agreement can be reached, the moving party has to file a petition requesting the relocation and the respondent files an answer. If a motion seeking temporary relocation is filed, the hearing must occur within 30 days after the motion is filed under law custody for child cases. The formal process of relocating under Florida Statute 61.13001 is meticulous. If you want to know how to get custody of a child when you want to move, you need to follow it exactly. The failure to address each court ordered element of the Florida Statute can result in its dismissal.

Click Boca Raton Child Custody Attorney today to set up a consultation and be confident that the foundation being laid for your children’s future is stable and safeguarded. Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida. Assisting in all matters of Florida Family Law.

Boca Raton Child Custody Attorneys Practice Areas Include:

  • Simplified Dissolution of Marriage

  • Contested Divorce

  • Uncontested Divorce

  • Child Custody Laws

  • Parental Rights

  • Florida Parenting Plan

  • Time Sharing In Florida

  • Visitation

  • How To Get Custody Of A Child Under 61.13 Florida Statutes

  • Relocation Under Florida Statute 61.13001

  • Florida Statutes Chapter 39

  • Paternity

  • Modification of Child Custody In Florida

  • Florida Child Support Enforcement