Florida's New Best Interest of the Child Factors

Florida's "best interest" of children factors will change on October 1, 2008. Notice the clear emphasis on demonstrating parenting behaviors and a history of meeting the child's needs. Keeping children away from the divorce case is another area that is now clearly spelled out in the law. Here are the new factors:

(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) 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. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the child is of sufficient age

(j) The demonstrated knowledge, capacity, & 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.

(k) The demonstrated capacity & disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) 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.

(m) 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 has been brought.

(n) 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.

(o) 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.

(p) The demonstrated capacity & disposition of each parent to participate and be involved in the child's school and extracurricular activities.

(q) The demonstrated capacity & disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity & 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.

(s) The developmental stages & needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

(t) Any other factor that is relevant to the determination of a specific issue

These are the factors a judge will use when determining all child-related issues starting October 1, 2008. Remember, when the law changes there will no longer be a "primary residential parent" and parenting plans will be required.

Much more than a visitation schedule, parenting plans must be comprehensive and cover not only time sharing, but decision-making and child support.

DIY Divorce has been exploring the new parenting plan requirements on the blog at http://www.diydivorcefl.com All the changes are already incorporated into our free Tele-Test Drive Basic Florida Divorce class. Visit the website to sign up for one now.

Pamela S. Wynn has practiced family law in Florida for more than 23 years.

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Father Child Custody - Still Possible Even After False Allegations

It is hard enough to deal with the fact that you have to fight to be able to have "the right" to be with your child every day. It is a well known fact that fathers fighting for custody are rarely awarded custody of their children when there are issues. Although, this has been true in the past, times seem to be changing and fathers are seeing that family courts are taking into consideration which parent can actually provide a safe and secure environment for the children. That being said, fathers fighting for custody still have a lot of work to do to prove that their children would be better off with them rather than their mother.

Factor in false allegations of child sexual abuse, then this uphill battle of father custody seems almost impossible to win. Unfortunately, these cases actually are almost impossible because of the lack of an experienced attorney. Usually, a local attorney will have a lot of experience in divorce custody matters, but will have little or no experience in child sexual abuse. The problem is that there simply are not enough attorneys out there that are experienced in both matters. If you do find one that is experienced in both, then you will find that they are very expensive for the fact that they must travel all over. This leaves fathers fighting for custody in an almost impossible situation. What else can fathers do but to hire the local attorney and hope for the best?

Normally, fathers fighting for custody must prove he is a fit and caring parent, and he must prove the mother is unfit. Add in the fact that he has to defend himself against false child sexual abuse; father child custody is simply not an option. The courts must have a good enough reason to uplift the children from their home.

Although it seems that there is no way possible for father child custody when the father is accused of child sexual abuse, it can be done. However, the father must have a precise case with a planned out strategy.

Your attorney will have a specific strategy with questions and suggestions for you to follow to help you in your father custody trial.

A good attorney will:

Recognize a father's emotional state - This is the most important step and one most attorneys will overlook. Fathers fighting for custody are going through a lot of stress at this point in their, and it is to the best interest of the father for the attorney to determine any emotional problems and learn how to deal with them before the courts are introduced to him.

Face Adverse Issues Upfront - It is important that any allegations that could possibly be thrown out in court be dealt with and admitted to upfront.

The father's image - Fathers fighting for custody must convey an image that the courts feel is acceptable and secure for children. Take a parenting class, become a part of your child's sports events or hobby or attend church.

When criminal charges of child sexual abuse surface, it is important that you never accept a plea. If your attorney recommends you take a plea, than it is time to replace him. Accepting a plea in a father custody case is no better than accepting guilt. If you are not guilty, do not take a plea stating that you are guilty. With the proper attorney, you will be freed of these charges.

There is a possibility that you can take your children home with you, even after allegations of child sexual abuse are made. With the right attorney, a lot of research and the desire to do whatever it takes to wake up each morning to see those bright smiles, there truly is a possibility of being awarded father child custody.

Michael Waddington is an expert court martial attorney and criminal military defense lawyer defending military personnel worldwide. He defends all levels of court martial cases.. He is a partner in the Augusta, Georgia, law firm of Gonzalez & Waddington. His worldwide practice focuses on military criminal court martial cases. http://www.ucmjdefense.com

He has successfully defended numerous high profile military court martial cases arising from the War on Terror and has been reported on and quoted by hundreds of major media sources worldwide. Mr. Waddington has provided consultation services to 60 Minutes, ABC Nightline, the BBC, German Public Television and other major news outlets. He has successfully defended court martial cases in the USA, Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), and the Pacific (Korea, Japan).

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