Divorce Attorney Scott J. Stadler

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divorce

I Want Custody – How Do I Get It?

Pursuant to Florida Statute 61.13(2)(b) a parenting plan approved by the court must, at a 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 parenting plan must detail a timesharing schedule that specifies the time that the child will spend with each parent. The parenting plan must designate which parent is responsible for obtaining health insurance for the child, school related matters including the address to be used for school boundary determination and registration and other activities. The parenting plan must also state the methods and technologies that the parents will use to communicate with the child.

Pursuant to Florida Statute 61.1392)(c) it is the public policy of the State of Florida that each minor child has frequent and continuing contact with both parents after separation or divorce, 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 or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.

Pursuant to Florida Statute 61.13(2)(c)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 misdemeanor of the first degree or hither involving domestic violence, as defined in section 741.28, Florida statutes, or meets the criteria of section 39.806(1)(d), Florida Statutes, creates a rebuttable presumption of detriment to the child. If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, 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 ( a restraining order), the court must consider evidence of domestic violence or child abuse as evidence of detriment to the child.

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.

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, unless a court order specifically revokes these rights.

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