The new law requires the Court to evaluate all of the factors outlined in Section 61.13(3), Florida Statutes, and to make written findings of fact when modifying or creating a timesharing schedule. Most significantly, the new law creates a rebuttable presumption that equal timesharing of a child subject to a Chapter 61 proceeding is in the best interests of that child. It also establishes that a party must prove by a preponderance of the evidence that equal timesharing is not in a child’s best interests to rebut this presumption.
Further, timesharing schedules agreed to by the parties and approved by the Court do not require the Court to evaluate and make written findings of fact as to all of the best interest factors outlined in Section 61.13(3), Florida Statutes; however, the Court must make such written findings if there is no agreement by the parties.
The new law also creates a basis for modifying a parenting plan upon a parent’s relocation more than 50 miles from the other parent’s residence.
When determining a parenting plan, the judge will consider what is in the best interests of the child. Ultimately, the child’s best interest will override any legal rights or desires of either parent. The court must carefully look at every aspect of a child’s life and determine what parenting plan would best serve them following a divorce.
There are different factors that go into determining what is in a child’s best interest. The judge will consider both parents’ ability to meet the child’s needs as well as their willingness to forge a meaningful relationship with the child.
The court will also consider a parent’s fitness. This includes reviewing any allegations of domestic violence, substance abuse, or criminal activity. These issues could push the court to award sole parenting time to one parent. A local timesharing attorney could outline all of the factors the courts will take into account when creating a parenting plan.
If you are on the verge of divorce or planning to separate from your partner, your relationship with your children is likely at the forefront of your mind. A dedicated attorney could help you protect your parental rights and your relationship with your children. Before taking any legal action, contact our firm to speak with a Miramar child custody lawyer.
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