THE NEW TIME- SHARING FACTORS – Norman D. Levin, Esquire, Board Certified Marital & Family Law

At the same time that the parenting plan requirements were adopted in Florida, the legislature revised the factors that a Court must consider in determining what the Court imposed Parenting Plan and Time-Sharing schedules will be. Some changes are linguistic. Some are recognition of items that have always fit in the old categories. But some are new. The factors now include: 1. The Best Interest of the minor child - The primary consideration - No change. 2. All factors affecting the welfare and interests of the minor child - New Language. 3. 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. - Linguistic Change 4. The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties. - New Language - Was previously considered without factor. 5. The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs and desires of the parent. - New Language - New Emphasis 6. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. - No change 7. 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. - New Language - New Emphasis 8. The moral fitness of the parents. - No change - Courts hate this factor 9. The mental and physical health of the parents. - No change. 10. The home, school and community record of the child. - No change. 11. The reasonable preference of the child ( if mature enough to express) - No change. 12. The demonstrated knowledge and capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities and favorite things. - New Language - Was considered before under best interests. 13. The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime. - New Language - 14. The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child. - New Language - 15. Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues have been brought. - Revised old language - 16. Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect. - Expanded prior language re domestic violence to other misconduct - 17. The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.- New language- 18. The demonstrated capacity of each parent to participate and be involved in the child’s school and extracurricular activities. New language - 19. The demonstrated capacity of each parent to maintain an environment for the child which is free from substance abuse. -New language - 20. The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child. - New Language - 21. The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs. - New language - 22. Any other factor that is relevant to the determination of a specific parenting plan, including time-sharing schedule. - No change-

These factors should be closely analyzed in the event that you have this type of dispute. Give the Court evidence on each factor to convince the Court that your parenting plan provisions and your time sharing schedule should be adopted.