What are the Arrangements required in Child Custody after Divorce in Florida?
In Florida, child custody is of two types. The most frequently used arrangement for the care and nurturing of minor children is shared parental or usually referred to as parental timesharing. When parental timesharing is ordered, minor children will be cared for and live with both parents on a schedule of certain days and nights with each parent. These arrangements will be set up to create a shared parenting schedule. Parents in successful mediation or a judge in court will determine the schedule.
In Florida, “in the best interest of the child’ is the motto of the Family Court, so the needs of the minor child are considered before the desires of the parents. Sometimes this means parents will need to forgo certain social engagements or live in a location easily accessible to care for their minor child. A parent is expected to follow the parental timeshare schedule, or they can be taken back to court and possibly held in contempt, fined, or even jailed in extreme cases. The schedule can be modified by returning to court but not by the parents themselves. To modify the schedule, there must be solid evidence of substantial, material, and no prejudgment knowledge of why the parent can no longer adhere to the parental timesharing schedule as ordered.
In addition to adhering to the timesharing schedule, parents must adhere to the parenting plan developed by the parents in successful mediation or by a judge in court. The parenting plan will state such directives as to how the child is to be transferred from one parent to the other, who cares for the child if neither parent can, how are holidays, birthdays, and vacations divided, what communication and how between parents and parent and child, and how will the cost of extracurricular activities be paid for. Additionally, neither parent is considered “primary,” so all major decisions involving education, religion, medical, and discipline must be made by both parents. Obviously, getting both parents to agree amicably can sometimes be a problem, but the court insists they must do so as part of shared parenting.
The other form of child custody in Florida is sole custody. Sometimes only one parent is suited to care for the minor child and is awarded sole custody. Several factors can result in sole custody, and they include a parent is not physically or mentally fit, a parent has been judged guilty of or has pending a charge of domestic violence, sexual abuse, or child abuse, a parent has a severe addiction problem, or there has been neglect or abandonment of the child. If both parents are unable or unfit to care for the child, a third party such as a grandparent or state foster program will be given sole custody. The person awarded sole custody must provide for the child’s needs and, if requested, prove that the child is being cared for and nurtured. Returning to court with proof of changing the sole custody to shared parenting is possible when the needful parent can prove their readiness.
The care and nurturing of minor children is a serious matter. In Florida, the courts take this very seriously and will continue to oversee cases where it appears a child is not being adequately cared for following a divorce or separation. Shared parenting plans, parenting plans, and an award for sole custody are there to guide parents toward making the development of their children as safe and healthy, mentally, physically, and emotionally as possible.
