Importance of Documentation in High Conflict Custody Matters
When determining timesharing and custody in Florida, judges must look to the “best interest of the child” as laid out in Florida Statute Section 61.13(3) that states: “When establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan the best interests of the child must be the primary consideration.
It is Florida public policy that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved (Also applies to established legal paternity and establishing parenting plans) to “Encourage parents to share the rights and responsibilities, and joys, of childrearing. Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child. Except when a time-sharing schedule is agreed to by the parties and approved by the court, the court MUST evaluate all of the factors set forth in subsection (3) and make specific written findings of fact when creating or modifying a time-sharing schedule.
The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. In determining detriment to the child, the court shall consider:
a. Evidence of domestic violence, as defined in s. 741.28;
b. Whether either parent has or has had reasonable cause to believe that he or she or his or her minor child or children are or have been in imminent danger of becoming victims of an act of domestic violence as defined in s. 741.28 or sexual violence as defined in s. 784.046(1)(c) by the other parent against the parent or against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court;
c. Whether either parent has or has had reasonable cause to believe that his or her minor child or children are or have been in imminent danger of becoming victims of an act of abuse, abandonment, or neglect, as those terms are defined in s. 39.01, by the other parent against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court; and
d. Any other relevant factors.
3.The following evidence creates a rebuttable presumption that shared parental responsibility is detrimental to the child:
a. A parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775;
b. A parent meets the criteria of s. 39.806(1)(d); or
c. A parent has been convicted of or had adjudication withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and at the time of the offense:
(I)The parent was 18 years of age or older.
(II)The victim was under 18 years of age or the parent believed the victim to be under 18 years of age.
If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent. However, the convicted parent is not relieved of any obligation to provide financial support. If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for time-sharing as specified in the parenting plan as will best protect the child or abused spouse from further harm. Whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child.
Source: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13.html
To argue that a current or proposed custody or timesharing arrangement is NOT in the best interest of a child, you will need to show (provide strong evidence, documentation and proof) of how it negatively effects the child’s physical, emotional, and/or psychological needs.
If you are in a high conflict situation, or you anticipate a high conflict child custody matter in Tampa Bay, it is important to provide as much documentation as possible, particularly with regards to these specific factors that a judge MUST evaluate when determining the child’s best interests including:
- Parental Relationships : The ability of each parent to foster a close relationship with the child, respect the time-sharing schedule, and be flexible.
- Parental Responsibilities: How the parents will share responsibilities after the court case.
- Child’s Needs: The extent to which each parent prioritizes the child’s needs.
- Stability: The importance of maintaining a stable environment for the child.
- Practicality: The feasibility of the parenting plan, considering school and travel.
- Parental Well-being: The moral, mental, and physical health of the parents.
- Child’s Wishes: The child’s preference, if they are mature enough.
- Parental Involvement: Each parent’s knowledge and participation in the child’s life.
- Consistency: The ability of each parent to provide a consistent routine.
- Cooperation: How well the parents can communicate and cooperate.
- Safety: Any history of domestic violence, abuse, or neglect.
- Truthfulness: Whether either parent has been truthful to the court.
- Parenting Duties: The specific parenting tasks each parent performs.
- School Involvement: Each parent’s participation in the child’s school and activities.
- Substance Abuse: Whether a parent can provide a drug-free environment.
- Protecting the Child from Conflict: The capacity of each parent to shield the child from legal battles.
- Developmental Needs: The demonstrated capacity of each parent to understand and meet the child’s developmental needs.
Other Factors: The court can consider any other relevant factors.
Burden of Proof & Rebutting Equal Parenting Time
The party seeking a particular custody or time-sharing arrangement MUST PROVE that it is in the child’s best interest. This is demonstrated by presenting evidence to the courts. If the evidence provided is sufficient and accepted by the judge, the court must specifically acknowledge in writing the evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect. (Florida Statutes)
Your Word is Not Enough But Be Prepared to Testify
- Maintaining detailed records of incidents, interactions, missed parenting time and other types of evidence that may support a rebuttal to timesharing may include:
- Digital records from co-parenting apps
- Police reports of domestic abuse or other interactions with law enforcement ( Must include testimony of law enforcement)
- Medical records, history of involvement
- School records, history of involvement
- Any other supporting evidence that Unfortunately, some parents may in fact attempt to misrepresent a situation with their co-parent from their perception of their lack of involvement to falsely accusing the other parent of abuse, neglect or causing emotional harm to the child.
Lacking compelling evidence and proof that timesharing would not be in the child’s best interests, the courts are left to rule accordingly. Remember, in any matter concerning timesharing, the courts can look to the truthfulness of both parents.(See above) If it’s found that the parent seeking to reduce parenting time for the other parent has been untruthful, a judge may reduce parenting time for the one rebutting the parenting plan. A parent may be telling the whole truth and testifying to why their child’s best interests aren’t being served under a particular parenting plan. But, without compelling documentation, depending on the judge and/or any counter-motions, the results could be the opposite of what was expected.
TIP: Utilizing a court recognized co-parenting communications app can be highly beneficial especially in high conflict co-parenting situations. Keeping detailed records and focusing on the “best interest of the child” standards above will be helpful to you, your family law attorney and the minor child in question.
Related:
Hillsborough County Family Law and CourtS
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