Effective October 1, 2008, Florida enacted the most far reaching changes to parental responsibility (custody) in twenty–six years. The new law no longer uses the terms "custodial parent", "primary residential parent", "noncustodial parent". The new law replaces almost any references to "custody" with the concept of "Parenting Plan" and "Time–Sharing Schedule". The law now requires the parties to submit a written parenting plan for approval by the court.

Since the tern "primary residential or custodial parent" no longer exists in Florida law the parents cannot fight over what does not exist. The deletion of primary residential parent designation does not mean that the court must provide for equal time sharing, but rather a time sharing schedule that meets the best interest of the child.

The Shared Parental Responsibility Act focuses on the positive, which parent can best provide for the best interests of the minor child. The parents are to focus on a parenting plan, how they are going to make decisions and how they are going to share time. There is no presumption for or against the father or mother of the child or for or against any specific time sharing schedule when creating or modifying the parenting plan.

It is our goal to assist you in developing a workable parenting plant that will cover the important areas involved and at the same time be acceptable to the court. Having both parents exercise their rights and responsibilities in drafting a successful parenting plan is a win–win for the child.

The court does not consider the preference of the child in determining parental responsibility and the time sharing schedule. There is a common misconception that an older child's preference carries weight in a court decision. This is not the case and in fact a court will rarely allow a child to testify as to his or her preference. Although a child may be unhappy with one parent, allowing the child to control the parents during the time when the entire family is emotionally vulnerable places the child in a detrimental circumstance.

A critical finding of the California Center for the Family in Transition Study is: [W]e have mounting evidence that children are in terror during court proceedings, especially those proceedings that involve evaluation of the child, separation from the 'custodial parents', and disruption of the family unit.

It is precisely the concern for the child's best interest that the deemphasizing of custody fights has been made a primary goal of the new Florida law. The focus needs to be on the child, the child's temperament, the child's needs, the child's state in development, rather than the parents needs. Thus, the development of a successful parenting plan is paramount in any discussion of parental responsibility.

Please call our office at 561-833-2772 for a free consultation or contact us online.