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Custody, Is the Playing Field Level?

Many times I am asked by fathers if they have as much chance as the mother at getting Orlando custody. The answer is yes. There is no longer a tender years’ doctrine in Florida wherein the court favored the mother over the father for young children. The current law gives both parents the same opportunity to parent and time share with the child.

The court evaluates custody or time sharing as it is currently referred to in Florida under the BEST INTEREST OF THE CHILD STANDARD. This standard can be found in Florida Statute 61.13. The specific paragraph is 61.13(3)(a)-(t). The Court analyzes the factors (a) through (t) to determine the best interest of the child.

These factors include such things as: which parent will facilitate and encourage a close continuing parent child relationship, honor the time sharing schedule, and be reasonable when changes are required; the division of parental responsibilities after the litigation; the parent’s disposition to act on the needs of the child; the geographic viability of the parenting plan; the moral fitness of the parents; the mental and physical health of the parents; the home school, and community record of the child; the demonstrable knowledge of the parent to be informed of the circumstances of the minor child; the demonstrated capacity of the parent to provide a routine for child; the demonstrated capacity of the parent to inform the other parent of issues and activities regarding the child; evidence of domestic violence or child abuse, abandonment, or neglect; evidence either parent knowingly made false information to the court regarding domestic violence, abuse, neglect, or abandonment of the child; the parenting tasks performed by each parent and the division of the tasks before and during litigation; the capacity of the parent to participate and be involved in child’s school and extracurricular activities; the capacity of the parent to have an environment around the child that is substance abuse free; the disposition of the parent to protect the child from ongoing litigation; the developmental stages and needs of the child; and any other factor that is relevant to the determination of a specific parenting plan, including the time sharing schedule.

There is no presumptive for fifty/fifty time sharing in Florida. Governor Scott vetoed the alimony bill this year in 2016, that had included a provision on fifty/fifty time sharing. Therefore, the best interest of the child standard is the evaluation the court looks at to determine Orlando custody in Florida.

Nowadays many mothers have as busy of a work schedule as the father. The court will look to see if realistically with your work schedule whether you will able to time share with the child as you requested in the petition for divorce regarding time sharing. Most likely the court will not give you time sharing with the child when you will be working and paying for day care when the other parent could be spending quality time with the child. If you both are working the same number of hours per week then that probably will be different. If you work 60 hours a week, then you probably have extremely limited time to time share with the child. The court looks at when you are available to time share with the child.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.