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When the parents of a minor child(ren) are in a dispute as to how much time the minor child(ren) should be spending in overnight with them, then a Court will consider the best interests of the minor child which is set forth in Florida Statute 61.13(2)(c ) comprised of twenty factors.  Restricting time-sharing is not favored unless it is necessary to protect the welfare of the minor child(ren). The following is a brief summary of the twenty factors:

  • Does the parent encourage a close and continuing parent-child relationship; Does the parent honor the time-sharing schedule.

  • The anticipated division of parental responsibility and any delegation of parental responsibility to a third party after litigation is completed.

  • The ability to consider the needs of the minor child as opposed to the needs of the parent.

  • The length of time the minor child has lived in a stable environment.

  • The  geographic viability of the parenting plan with special attention of the needs of school aged children and amount of time spent on traveling.

  • The moral fitness of the parent.

  • The mental and physical health of the parents.

  • The home, school, record and community of the minor child.

  • The reasonable preference of the minor child.

  • The parental involvement with the minor child, i.e. child’s friends, teachers, medical care providers, daily activities and favorite things.

  • The routine provided for the minor child, i.e. discipline, daily schedule, homework, meals and bedtime.

  • The parental communication of the child’s issues and activities.

  • Evidence of domestic violence, sexual violence, child abuse, child abandonment or child neglect.

  • False information about domestic violence, sexual violence, child abuse, child abandonment or child neglect.

  • The division of parental responsibilities prior to and during litigation.

  • The parent’s involvement in the child’s school and extracurricular activities.

  • An environment free of substance abuse.

  • Involving the minor child in the litigation.

  • The developmental needs of the minor child and parent’s ability to meet those needs.

  • Any other relevant factor.

Schedule your free telephone consultation with Attorney Maria J. Patullo to discuss your case and to learn your options. Call today (561) 252-2270

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