When it comes to matters involving minor children, the primary consideration is what is in the "best interests of the child." As a result, outdated concepts such as "custody" and "visitation" are no longer favored nor are those terms used. All final judgments of dissolution of marriage must include a parenting plan which addresses major decsion-making for matters such as the child's education, medical care and religious upbringing. There is a presumption in favor of joint or shared parental responsibility in these matters. Timesharing with
each parent must also be addressed, including weekdays, weekends and holidays.
The primary statutory provisions governing parenting are as follows:
(2)(a) The court shall have jurisdiction to approve, grant, or modify a parenting plan, notwithstanding that the child is not physically present in this state at the time of filing any proceeding under this chapter, if it appears to the court that the child was removed from this state for the primary purpose of removing the child from the jurisdiction of the court in an attempt to avoid the court's approval, creation, or modification of a parenting plan.
(b) Any parenting plan approved by the court must, at minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child, the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent, a designation of who will be responsible for any and all forms of health care, school-related matters, other activities, and the methods and technologies that the parents will use to communicate with the child.
(c)1. The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. There is no presumption for or against the father or mother of the child when creating or modifying the parenting plan of the child.
2. The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. Evidence that a parent has been convicted of a felony of the third degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775, or meets the criteria of s. 39.806(1)(d), creates a rebuttable presumption of detriment to the child. If the presumption is not rebutted, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent. However, the convicted parent is not relieved of any obligation to provide financial support. If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for time-sharing as specified in the parenting plan as will best protect the child or abused spouse from further harm. Whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child.
a. In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include education, health care, and any other responsibilities that the court finds unique to a particular family.
b. The court shall order "sole parental responsibility for a minor child to one parent, with or without time-sharing with the other parent" when it is in the best interests of the minor child.
3. Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, may not be denied to either parent. Full rights under this subparagraph apply to either parent unless a court order specifically revokes these rights, including any restrictions on these rights as provided in a domestic violence injunction. A parent having rights under this subparagraph has the same rights upon request as to form, substance, and manner of access as are available to the other parent of a child, including, without limitation, the right to in-person communication with medical, dental, and education providers.
Child Support
Perhaps the most predictable aspects of any divorce proceeding is calculating child support. Florida Statutes provides child support guidelines from which the court determines the amount to be paid. Use of the guidelines is fairly straightforward. You simply add the "net" monthly income of both parents and take the resulting number to the chart. There you will find the amount of support to which the children are entitled. You then calculate the respective percentages each parent's income represents to the total income and multiply the percentages times the total amount of support.
