Parental Rights in Time-Sharing

Do fathers and mothers have equal rights when it comes to visitation/time-sharing with their children? It seems like a silly question, but at a time when most families are two-income households, and the mother is not always the primary caregiver for the children, this shouldn’t be the controversial question that it remains.

Primary to understanding the current state of Florida law, is that Florida Courts no longer award “custody.” Instead, Florida utilizes parenting plans, which set forth time-sharing schedules, parental rules, visitation and other rules that the parties typically reduce to written agreement. So the short answer is “yes,” both fathers and mothers have equal rights to time-sharing with the children.

It is a myth that Mothers or Fathers are favored by their gender in terms of time-sharing and parenting plans, and certainly in determining the best interest of the child. The real question is how the Court determines which parent should have the majority of timesharing for the children, or whether the parents should have an equal timesharing schedule? Who will make all or most of the major decisions about the children’s upbringing? Issues like education, religious affiliations, and health issues are prime examples. These matters can be resolved by written agreement and incorporated into a stipulated parenting plan.

Forging an agreement between the parties is not always an easy endeavor. Absent an agreement, Florida utilizes several factors codified by statute, and taken into account when looking at the evidence in a case and deciding what is in the best interests of the child(ren).

Here are six factors that the Court will consider when determining parental rights:

1. 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.
2. The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
3. 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.
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
5. 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.
6. The moral fitness of the parents.

Attorneys who focus their practice on Family and children’s issues can assist others trying to protect parental rights or facilitate a Parenting Plan related to a divorce or Establishment Case. A Florida Family Law practitioner will go over all of the factors that go into a Court’s decision, and preparing a plan of action to see that your interests and protected, and your rights preserved.