Parenting Time Factors

Written by Maria Kazouris

The Court will need to determine the future living arrangements and times haring schedule for you and your children if the parents are unable to resolve these issues on there own. The Judge assigned to your case will use the following time sharing factors to determine the best interests of your children pursuant to Florida Statute 61.13(3):

For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent's relationship with his or her minor child and the relationship between each parent with regard to his or her minor 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 parental 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 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 the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f) The moral fitness 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 disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt 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 either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, 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.

Family Law Terms

ANSWER - The Second Pleading in an action for divorce, separation or annulment, which is served in response to the Complaint and which admits or denies its allegation.
CHILD SUPPORT - Support for a child (not taxable to the recipient or deductible to the payor spouse).
COMPLAINT - The First Pleading in action for divorce, separation, or annulment, setting forth the allegations upon which the requested relief is based.
CONDONATION - The adultery of a spouse is NOT grounds for divorce.
CONTEMPT OF COURT - The willful and intentional failure to comply with a Court Order, Judgment, or Decree by a party to the action. Contempt of Court is punishable by fine or imprisonment.
CONTESTED CASE - Any case where the Court must decide one or more issues that are not agreed to by the parties. Cases are considered contested until all issues have been agreed to.
DEFAULT ORDER OR DEFAULT JUDGMENT - An Order or Judgment granted by the Court without the other side's being heard because they failed to plead or submit papers within the time allowed or failed to appear at the hearing.
DEFENDANT - The one who defends the Lawsuit brought by another. Same as Respondent.
DEPOSITION - The testimony of a witness taken out of Court under oath and reduced to writing. Depositions are taken for the purpose of discovering the facts upon which a party's claim is based; obtaining financial information or discovering the substance of a witness's testimony prior to trial.
DISCLOSURE - Procedures followed by attorneys in order to determine the nature, scope, and credibility of the opposing party's claim and his/her financial status. Disclosure devices include depositions, written interrogatories, and notices to produce various documentation relating to issues which are decided in the case. Psychological examinations, blood tests, and court social-service investigations are also part of disclosure.
EQUITABLE DISTRIBUTION OF PROPERTY - A system of distributing property acquired by spouses during their marriage in connection with a divorce or dissolution proceeding. The division is based on a variety of equitable factors, including length of the marriage, relative financial contribution, contribution as a spouse and homemaker and respective need. Title to property in the name of either spouse does not necessarily restrict the Court's right to award all or part of that property to the other spouse as part of an Equitable Distribution.
GROUNDS FOR DIVORCE - The legal circumstances which must be proved before a divorce can be granted, also called a "Cause of Action." Florida is a 'no-fault' state which merely requires there to be irreconcilable differences between the parties.
INJUNCTION - A Court Order forbidding someone from doing a particular act which is likely to cause injury or property loss to another party (same as a Restraining Order).
INTERROGATORIES - A series of written questions served upon the opposing party in order to discover certain facts regarding the disputed issues in a matrimonial proceeding. The answers to Interrogatories must be under oath and served within a prescribed period of time.
IRRECONCILABLE DIFFERENCES - Differences between spouses that are considered sufficiently severe to make married life together more or less impossible.
JOINT PROPERTY - Property held in the name of more than one person.
JUDGMENT - The Order of the Court determining the action requiring the parties to do certain things or setting forth their rights and responsibilities.
JURISDICTION - The power of the Court to rule upon issues relating to the parties; their children or their property.
MAINTENANCE - Spousal support (deductible to the payor spouse and taxable as income to the recipient).
MARITAL PROPERTY - Accumulated income and property acquired by the spouses during the marriage, subject to Equitable Distribution by the Court. Property acquired by gift from third parties or inheritance, and personal injury recoveries is not marital property.
MEDIATION - An informal, voluntary process allowing parties to work with a neutral third party (the 'mediator') to develop a separation agreement. An agreement developed with a mediator is said to be a 'mediated agreement.'
MOTION - A written application to the court for some particular relief such as temporary support, injunction, or attorney's fees, which is made upon advance notice to the other party.
PLAINTIFF - The party who files the Lawsuit.
PLEADING - Formal written application to the Court for relief and the written response thereto. Pleadings include complaints, answers, counterclaims, and replies.
SETTLEMENT AGREEMENT - The agreed resolution of disputed issues reduced to a written document.
SHOW CAUSE - (Same as Order to Show Cause) Written application to the Court for some type of relief which is made upon such notice to the other party as the Court directs and which may contain a restraining order, temporary injunction, or other ex parte relief, pending the determination of the Motion.
SUMMONS - A written notification to the Defendant that an action has been commenced against him, and requiring that the Defendant appear within a specific period of time to answer the Complaint.
TEMPORARY MOTIONS - Applications to the Court for interim relief pending the final decree of divorce, separation, or annulment. Typical temporary motions include motions for temporary maintenance, child support, attorneys' fees, expert fees, custody, visitation, enforcement or modification of prior temporary orders. The Court enters a temporary order after determining a motion. Motions are brought on by the service of a notice of motion or order to show cause, with supporting affidavits.
TRIAL - A formal Court hearing to decide disputed issues raised by the pleadings.