The care and residence of a child of divorce is commonly referred to as custody. However, Florida has in fact abandoned the concept of custody in favor of the doctrine of “shared parental responsibility.”  Children benefit from healthy, constructive relationships with both of their parents, and accordingly, under this doctrine both parents retain full parental rights and responsibility for their child after their marriage is dissolved. While the shared parental responsibility doctrine seeks to maintain both parents’ involvement in their child’s life, it also recognizes that one parent is usually primarily responsible for providing the child’s physical residence. In order to determine the best interests of the child for purposes of shared parental responsibility and primary residence, courts evaluate all factors affecting the welfare and interests of the child, including:

• Which parent is more likely to allow the child frequent and continuing contact with the nonresidential parent
• The love, affection and other emotional ties existing between the parents and the child
• The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under Florida law in lieu of medical care, and other material needs
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• The permanence, as a family unit, of the existing or proposed custodial home
• 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, if the court deems the child to be of sufficient intelligence, understanding and experience to express a preference
• The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent
• Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding
• Evidence of domestic violence or child abuse

Except for cases where one or both parents pose a direct threat to the child’s health or safety, it is in the child’s best interest to have a consistent, substantial relationship with both of his or her parents. The courts keep this in mind when determining shared parenting agreements. Call Alexsandra Simoes to help you negotiate a PARENTING PLAN AGREEMENT.

Visitation agreements

Florida courts decide on or approve custody and visitation based on the best interests of the child. Typically, frequent contact with both parents is optimal for children and for this reason joint custody is usually the best option. Situations where the courts do not favor joint custody are when parental contact is detrimental for a child ― in cases of domestic violence, sexual abuse, child abuse, abandonment or neglect. In these types of circumstances, the court may still allow visitation, but only if it is supervised.

Parents can present a time-sharing schedule to the court that specifies the days and times when visitation will occur. The schedule should also address holidays, birthdays, summer vacation and other specific occasions so both parents can plan ahead and children know what to expect. Attorney Alexsandra Simoes can help you negotiate a parenting plan. Call us at 561-386-3766