New Florida Law Says 50/50 Sharing is Best for Children

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A new Florida law could have far-reaching implications for divorcing couples with children. Effective July 1, 2023, the new law signed by Governor DeSantis helps “unwed fathers” gain rights over a child they previously did not necessarily have as the parents were unmarried. In that case, even if his name was on the birth certificate, the care and responsibility for a child automatically defaulted to the mother.

As of 2016, Florida law did not require parenting responsibilities to be shared equally but instead allowed the parents and court to make decisions based on the child and his best interests. 

Now in Florida, a child born out of wedlock recognizes that a father with established paternity can also share in the rights and responsibilities of child-rearing, no matter the quality of the relationship between the biological parents. The assumption is that the child’s best interest is 50/50 shared custody.

If that is not in the child’s best interest, the challenging parent must submit evidence to the court that the 50/50 parenting plan will harm the child in some way.  

Equal Timesharing Bill, HB 1301

The bill was carried by Rep. Jenna Persons-Mulica, R-Fort Myers, and Sen. Shevrin D. Jones, D-Miami Gardens. The new law also allows the court to modify a time-sharing schedule if one parent relocates within 50 miles of the child.

Still to be determined is if the new law is retroactive or affects children born after its effective date. Time will tell whether HB 1301 truly results in what’s best for the child.

Here is how it will affect the partners:

For Fathers – In essence, it gives unwed fathers more standing in the court, whether they seek it or not. It also requires fathers financially support their children. Previously, many fathers complained that they only had parental rights when the mother sought child support. The ability to make crucial decisions over the child’s health, education, religion, and living arrangements was assumed to belong to the mother, who was considered the “natural guardian” unless the parents agreed to a parenting plan.  

For Mothers – The exercise of parental rights by the unmarried biological father has the potential to complicate a conflict-free home. While both parents are now encouraged to make decisions on behalf of the child, if the parents are in conflict, one parent will have to petition the court to argue that a 50/50 shared custody is not operating in the child’s best interest.  “The preponderance of the evidence” submitted must make that case.

Conversely, a mother may now expect that by law, the father will share in child-rearing expenses.

Expect an increase in filings to fine-tune this new law and define the extent of each parent’s rights. With time, court challenges to fix any issues with the law could ultimately cause it to change.

Your Florida Family Law Attorney

Suppose you have a divorce pending in a Florida court. In that case, contact our office to determine whether another bill, just signed into law, affects Florida divorces where one party is seeking permanent alimony.

Regarding a child-sharing plan, you and your unmarried partner must detail the shared responsibility over significant decisions, including housing, schooling, healthcare, extracurricular activities, vacations, physical custody, and funding for the above.

When one parent does not agree with the assumption that 50/50 child sharing is in the best interests of a minor child, she will have the burden of submitting convincing evidence for the court to evaluate. The court will then assess all the factors and make a specific written finding to help modify an untenable child-sharing parenting plan.

In some cases where communication is ineffective, a mediator or a third party may be needed to help the parents come to an agreement that allows them to co-parent their child or children peaceably.

With the guidance of Attorney Spencer, the best interest of the child and a stable home life will always be the priority. She can help keep your interests intact while establishing boundaries with the other parent. Call our Pensacola office at 850-795-4910 to have this most important conversation about how to move forward under the new Florida law.

Source:

Florida Voice
https://flvoicenews.com/new-desantis-signed-law-presumes-50-50-timesharing-of-a-child-is-best-interest/

HB 1301
https://www.flsenate.gov/Session/Bill/2023/1301/Analyses/h1301z1.CJS.PDF

Helpful Ways to Resolve Co-Parenting Conflicts

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Co-parenting when a couple is not together may be one of the greatest challenges that parents may face. But when done right, it can make your children’s lives dramatically better. Whether you and the other parent are divorced, or you were never technically together, figuring out how to co-parent a shared child is a task that is well worth your time and effort.

Looking for more help with your child custody case, child support needs, or any other family law issues in the Pensacola, FL area? Let’s sit down and talk. Call Crystal Collins Spencer Attorney at Law at 850-912-8080 to set up a consultation now.

Have Clear-Cut Communication Rules

You can avoid a number of conflicts by setting and enforcing clear communication boundaries. These are necessary even if your co-parenting relationship is generally friendly. It’s far too easy for one person to get a little too comfortable and unintentionally upset the other, causing a co-parenting rift.

For example, you may wish to communicate primarily through text or email, limiting phone calls to emergencies and time-sensitive matters. You may also want to reinforce that you only want to communicate about the children and avoid personal or unrelated discussions.

If your co-parent has a tendency to become aggressive or make personal attacks, consider setting a boundary that you will not respond when the conversation takes a negative turn. While you can’t control their behavior, you can avoid making the situation worse and decide not to engage further.

Change How You View Your Co-Parent

In the workplace, nearly everyone has a coworker they just aren’t that fond of. Maybe they have a personal grievance or maybe they just rub each other the wrong way. But since they work together, they have to act professionally and be polite. That’s how you should view your co-parenting relationship if it’s generally negative or confrontational.

This isn’t a romantic relationship anymore (where there’s room for some passionate fights or heated disagreements). This is a relationship that exists solely to allow you both to remain in your children’s lives, which means that you have to keep your personal feelings for each other out of it.

If your co-parent wronged you during your relationship or directly caused the end of the marriage, try to mentally separate that behavior from their co-parenting role. That may give you the breathing room you need to communicate with them effectively.

Run Your Messages Through a Trusted Friend

If you’re about to send a message and you’re not sure if it’s appropriate, turn to a trusted friend or family member. Is it inflammatory? Will it make the situation with the co-parent better or worse? Is there a better way to word anything?

It’s easy to let unintentional sarcasm or resentment slip into communication, and entrusting a third party may allow you to tone down messages when necessary. It should go without saying, but make sure that the person you choose does not have any ties to your co-parent or their social circle.

Learn From Each Conflict

Learning to co-parent is a process. Unfortunately, it’s not something you can master just by listening to podcasts or reading books. It’s messy work, and mistakes will be made. After each conflict, set aside some time to reflect on disputes that happen and learn from them. Over time, negative personal feelings toward the other parent should fade and co-parenting will feel much more natural.

Try to Remember What You Are Working Toward

At times, you may feel like you and your co-parent are at odds, always on opposite sides. But at the end of the day, you both want what’s best for your children. You may have different ideas about what that means, but with time, communication, and perhaps mediators or other third parties, you can come to a point where you can peaceably parent your children together for the good of everyone.

Get the Family Law Assistance You Need with Spencer Law in Pensacola

Crystal Collins Spencer is committed to helping families navigate the challenges that come with family law concerns. You do not have to go through this alone. If you’re facing divorce, child custody challenges, or other issues, turn to our team. Call us at 850-912-8080 or fill out our online contact form to set up a personalized consultation.

Are Mothers More Likely to Get Child Custody During a Florida Divorce?

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The laws in Florida have changed in recent years concerning divorce and custody of children. Traditionally, Florida family courts relied on the “tender years” doctrine that favored the mother in considering child custody. It was assumed the mother was better to fill the role as the primary caregiver during a child’s early years, that is, unless she was shown to be unfit.

Under that doctrine, the Florida Bar reports that mothers received primary custody in about 90 percent of cases. Today things are different, and Florida courts do not automatically assume the mother should be awarded primary custody.

Fathers should know that they have a real chance to be a presence in their children’s lives following a divorce if they are a fit and loving parent.

Is There Bias in Florida Courts?

Florida courts have set aside the “tender years” doctrine in favor of both parents having “frequent and continuing contact” with both parents after their divorce.

Leaning toward shared custody assumes both parents are mentally, emotionally, and financially stable and will not put the child in harm’s way.

The new unbiased theory was formalized in Florida Statute 61.13 (2) (b) (1), and since then, the courts do not favor either parent in a timesharing schedule for child custody.

The term “timesharing” has replaced “custody” in that both parents are encouraged to create a schedule around the children so both parents can be actively involved in their lives.

Today, instead of facing automatic bias in court, fathers should be in equal standing.

If the parents are not married, there is a tendency to grant the mother primary custody over the children; however, if the father’s name is on the birth certificate, he should hold equal rights before the court.

Changing Times

Previously, the theory was most fathers worked outside the home, and mothers stayed home with the children.

Today that has changed as we know now:

  • About 75% of women with children under the age of 14 work outside the home, according to the U.S. Department of Labor.
  • Many mothers make more money than their partners.
  • Covid has both male and female employees working away from the office and remotely at home.
  • The assumption that women are always better parents is not necessarily true.
  • Children with absent fathers are more likely to have behavioral problems.
  • Children whose fathers are around more often get better grades and are more emotionally and intellectually mature.

This does not mean that all judges understand changing times, and some may still apply the tender years doctrine out of bias and tradition.

In court, some more traditional judges also may feel that children should not testify because it causes stress. However, if the judge inquires whether the child is emotionally and intellectually mature enough to have a valid opinion, the child may feel empowered if they can share which parent they want to be the primary caregiver. In fact, instead of the stress of conflicted parents, divorce may lead to relief as the child no longer has to live with uncertainty.

Relying on universal, traditional rules may ultimately make a judge’s job easier, but it is not always in the child’s best interest.

Your Florida Family Lawyer

Ultimately, for each parent to spend quality time with the children, it will require a great deal of cooperation between the parents. The former spouses should develop a parenting plan that gives them access to the children to the degree they are able and willing to handle.

Parents who stay active in their children’s lives will be putting their children first, which ultimately is in the best interest of everyone.

Crystal Collins Spencer has decades of experience helping clients reach a workable parenting plan, covering all the bases, and aiding them when there are complications.

Your financial future, the marital home, visitation – all of these are areas that can benefit from the experience and careful consideration Ms. Spencer adds as your legal advocate and advisor. This is not a time to try and go it alone.

Call the Spencer Law Group at our Pensacola, Florida office to begin the conversation about your future at (850) 795-4910. You may also send us an online message with information about your case.

Sources:

Fl Bar
https://www.floridabar.org/the-florida-bar-journal/child-testimony/

Do Children Have a Say in the Custody Conversation in Florida?

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The issue of who ends up with the kids after a divorce if often the source of dispute among parents. Emotions can run high, and there can be heated disagreements about child custody. In Florida, “child custody” has been replaced with terms such as “parental responsibility” and “time sharing”. Parenting responsibility is the decision-making component of the parenting plan, covering areas such as education, health care, religious upbringing, and extra-curricular activities. Time-sharing is the determination of how much time each parent spends with the child during the year.

In Florida, there are three types of parental responsibility:

  • Shared Parental Responsibility: This is the most frequent arrangement and the one the state prefers. With shared parental responsibility, the parents must be willing to confer and make joint decisions regarding their child.
  • Shared Parental Responsibility with Decision-Making: This is a variation of shared parental responsibility in which one parent has ultimate decision-making authority in certain areas. For example, the mother could have decision-making authority over education while the father may be in charge of health care.
  • Sole Parental Responsibility: In this arrangement, one parent has sole authority over all decisions pertaining to the child. Sole parental responsibility is rare and only granted if the court believes it is in the child’s best interests.

There are also three types of parental time-sharing:

  • Majority Time-Sharing: This is the most common time-sharing arrangement in which one parent has the child for the majority of nights during the year.
  • Equal Time-Sharing: In this arrangement, both parents have the child for an equal number of nights. For example, a child may alternate weeks with each parent.
  • Supervised Time-Sharing: This is the rarest arrangement and it is usually only implemented by the courts when either of the other two arrangements would be detrimental to the child.

Initially, parents are supposed to work out parenting responsibility and time-sharing plans among themselves. However, in hotly contested cases in which the parents do not agree, it is left up to the courts to decide. There are several factors that the courts take into account when they determine the allocation of parental responsibilities. These include:

  • The willingness of each parent to encourage a good relationship between the child and the other parent, and to honor the parenting plan and time-sharing schedule;
  • The emotional attachment the child has with each parent;
  • The mental and physical health of each parent;
  • The moral fitness of each parent;
  • The child’s current living situation;
  • The current parental responsibilities and level of involvement each parent already has in the child’s life;
  • Any evidence of child abuse or domestic abuse;
  • The preference of the child (if the court believes the child has the understanding, intelligence, and experience to render a meaningful opinion);
  • Any other factors the court may deem relevant.

When do Children Have a Say in the Florida Custody Conversation?

Florida does not have an exact age in which the child’s preference is taken into account with regards to child custody. This is left to the discretion of the court. The judge decides whether a child should have a say in the custody conversation based on the child’s level of intelligence, experience, and understanding of the situation.

In some cases, the opinion of a child as young as 10 or 11 may be considered if the child is thoughtful, articulate, and able to meaningfully contribute to the conversation. Other times, the court may decide that the opinion of a 12 or 13-year-old should not be considered because they lack one (or more) of the aforementioned attributes. It is important to remember that, while the court can take the opinion of the child into account, it is one of several factors that are considered in making a final determination regarding parental responsibility and time-sharing.

Speak with a Knowledgeable Pensacola Family Law Attorney

Allocation of parental responsibility and time-sharing are very important issues during a divorce. When these issues are contested, it is important to have skilled legal counsel in your corner strongly advocating for your rights and interests. Crystal Collins Spencer, Attorney at Law, has over 30 years of experience representing clients in Florida for all types of family legal matters. Crystal is skilled and compassionate, and she understands the need to resolve child custody issues in a way that fully protects your interests and preserves delicate family relationships.

For a consultation with attorney Crystal Spencer, call our office today at 820-912-8080, or you may send us secure and confidential message through our online contact form.