Timesharing Factors in Florida

TIMESHARING FACTORS IN FLORIDA

Tips for Proving Your Opposing Parent Stinks at Parenting Under Florida Law

Florida Statute 61.13 outlines factors to consider in determining timesharing arrangements in child custody cases. Behaviors by either parent that contradicts these factors may include:

Interference with Parent-Child Relationship: Deliberately preventing the child from spending time with the other parent without valid reasons, thereby contradicting the statute’s emphasis on maintaining and promoting frequent contact between the child and both parents. Valid reasons are criminal behavior, abuse, neglect. Not valid reasons are the other parent only feeds pizza, doesn’t do math homework, has a gf/bf living there.
Failure to Promote Continuity of Relationship with Both Parents: A parent consistently failing to actively encourage a close and continuing parent-child relationship between the child and the other parent, as emphasized by the statute. Don’t do this! Instead be positive about the other parent, encourage calls or texts, have a photo of the child with the other parent in child’s room, be positive and supportive leading up to transitions from home to home.
Demonstrating Hostility Towards the Other Parent: Engaging in actions or behaviors that demonstrate hostility or animosity towards the other parent in front of the child, which can undermine the child’s relationship with that parent are a sure way to be determined a failure at co-parenting. Do not speak ill of the other parent in front of the kids or anywhere else (except maybe to your therapist.) You will never be in hot water for saying nice things about your co-parent!
Ignoring the Child’s Best Interests: Making decisions or taking actions regarding timesharing that prioritize the parent’s interests over the child’s best interests, such as refusing to allow the child to spend time with the other parent solely for personal reasons unrelated to the child’s well-being. This requires a good bit of self awareness – you must be able to look past the number of overnights to see if changing households twice per week is stressful or supportive for the children.
Frequent Changes to Agreed Upon Timesharing Schedule: Unilaterally changing the timesharing schedule without valid reasons or without proper communication and agreement with the other parent, thus disrupting the stability and consistency that the statute seeks to promote. Don’t Do This!!
Exposing the Child to Harmful Situations: Exposing the child to situations or environments that are potentially harmful or unsafe, such as allowing the child to be around individuals who pose a risk to their well-being, which contradicts the statute’s emphasis on ensuring the child’s health, safety, and welfare. Leave your kids home, with the other parent, or better yet – don’t go or do whatever the activity.
Disregarding Court Orders: Disregarding court orders related to timesharing arrangements, including refusing to adhere to visitation schedules established by the court or failing to comply with court-mandated parenting plans without valid reasons. This is how to go directly to court and into a reprimand, a sanction, and pay the other parent’s legal fees.
Manipulating the Child: Attempting to manipulate the child’s feelings or perceptions towards the other parent through coercion, guilt-tripping, or other forms of emotional manipulation, which can negatively impact the child’s psychological well-being and relationship with the other parent. Again, takes self awareness, but be a parent to the child not a friend, don’t manipulate no matter how easy it is to do
Engaging in Substance Abuse or Criminal Activity: Engaging in substance abuse or criminal activity that compromises the parent’s ability to provide a safe and stable environment for the child, thus contradicting the statute’s focus on promoting the child’s best interests. No, just no.
Neglecting Parental Responsibilities: Neglecting parental responsibilities such as consistently failing to fulfill basic caregiving duties or failing to prioritize the child’s physical, emotional, and developmental needs, which goes against the statute’s objective of ensuring the child’s welfare and best interests are upheld. Both parents must serve as part mom and part dad – do the homework, pack the lunch, refill the lunch account, make Dr./dentist appts, take the child to appts, go to the science fair even if you didn’t help with the experiment – think of your children first.

This is only a small set of examples of how you can show the court that you are not worthy of having a significant portion of parenting time with your child. Not all parents are cut out to do part of the heavy lifting of parenting – that’s okay. Figure out how you can adjust yourself to put the children first or perhaps, how to adjust your work schedule (more or less work?), and how to adjust other things to make your child’s stability, continuity, happiness, and chance for success your first priority.

Call, email, text the experienced Family Law Attorneys at Rhoden Law Group to discuss how to become an A+ Co-Parent and to learn how this can help position you prior to a custody matter. 321-549-3162 or use the contact form here on our website.