Mediation without lawyers:
As the mediator in any family law case involving parents and their dispute over “time sharing” with their children, I ask the lawyers to send each parent this Florida “time sharing” Statute in advance of the mediation – or I will send the same information to each parent if no lawyers are involved. [Florida Statute 61.13 (“parenting plan” and “parental time sharing” — what was once called “visitation” and “custody”]
I have this sent to the parents in hopes that this will help them arrive at an agreed-upon “parenting plan,” and yet if they are not able to agree, this Statute will also help the parents to become familiar with each one of the important statutory factors that they will be asked to address.
These statutory factors (below) are essentially determinative. SEE:
…
If you agree on the particulars of a parenting plan, submit that agreed-upon parenting plan to my attention for immediate ratification. If you two as the parents cannot agree upon a joint parenting plan for time sharing of the children, then we will mediate the issue and make every effort to arrive at an amicable settlement. If this fails or results in an “impasse,” a final court hearing will thereafter be necessary in order for the Judge to hear, consider and weigh your respective testimony.
The Court (your assigned Judge) may not, under the law, consider one parent’s proposed parenting plan — and/or the other parent’s proposed parenting plan or lack thereof, in the absence of the important and statutorily [FS 61.13 (a)-(t) ] required testimony. Again:
If the parties cannot agree to a parenting plan including all of its particulars, then the following instructions shall apply:
Each of you must be prepared to testify, in the absence of a timely agreement. Your testimony will speak to each of the enumerated (below listed) statutory factors within FS 61.13, (a) – (t), the statute and its enumerated factors that govern parental time sharing:
“In establishing the parental responsibility and creating a Parenting Plan, including a time-sharing schedule, to govern each parent’s relationship with his or her minor child, the best interest of the child must be this Court’s primary consideration. In determining the best interest of the child this Court must consider all of the factors affecting the welfare and interests of the parties’ minor child and the circumstances of this family, including but not limited to, the below-listed, statutory factors enumerated in Florida Statute 61.13:
a) “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.(b) The anticipated division of parent responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.(c) The demonstrated capacity and disposition” of each parent to determine, consider, and 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;(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 court deems the child to be of sufficient intelligence, understanding, and experience to express a preference;(j) The demonstrated knowledge, 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;(k) The demonstrated capacity and disposition of each 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. If the Court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the Court must specifically acknowledge in writing that such evidence was considered when evaluating the best interest of the child;(n) Evidence that either parent has knowingly provided false information to the Court 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 and disposition of each parent to participate and be involved in the child’s school and extra curricula activities;(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse;(r) The demonstrated 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;(s) The developmental stages and 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 parenting plan, including the time-sharing schedule.
