Family Law Article
The War on Custody is Over!
by Attorney Gisela Then
After many tears of war, The Florida Legislature will attempt to raise the white flag in Custody Battles. As of October 1, 2008, the Florida Statutes will completely erase all “Custody” language and replace it with Shared Parenting and Parenting Plan language. This much needed change is aimed at ending the custody battle and to push families to share in the child rearing equally.
The spectrum of change in Child Custody laws is amazing. Nearly 3o years ago, Florida automatically presumed that the minor children should be with the Mother. This was known as the Tender Years Doctrine—a minor child should reside with the Mother during the critical developmental years. The Tender Years Doctrine was abolished and replaced with the Best Interest of the Child Standard. This change opened the door for more Fathers to request custody of the minor children but also started the immense Custody Battle.
Florida has long sought to encourage parents to share the rights, responsibilities, and joys of child-rearing, and to ensure that children have frequent and continuing contact with both parents, even after divorce.
As the law is now, the Courts are required to, if the parents can not agree, to make a custodial determination. The Court, by law, must consider several factors in order to assess which parent will be designated the Primary Custodial Parent and which parent will be the Non-custodial Parent who gets visitation.
Extensive research has revealed that children are negatively impacted when they experience limited contact with either parent following a separation or divorce. Additionally long-strung out custody battles including post-dissolution Custody Modifications can emotionally drain a child leaving them feeling torn between two sides.
Now starting October 1, 2008, Florida law will require the parents to develop and follow a Parenting Plan. Neither parent will have “custody”. The Parenting Plan is defined as a document developed by the parents of a minor child, and approved or established by the court, which governs the relationship between the parents regarding the child. A Parenting Plan may address issues such as education, health care, physical, social and emotional well-being, and must include a time sharing schedule. The Parenting Plan which should provide multiple ways to allocate time between the mother and father will take into account the children’s ages and developmental and psychological needs.
If you have a custody issue, don’t go it alone. Contact a lawyer. The attorneys at Longwell & Gentle, P.A. can assist you in resolving these issues and help alleviate the stress you may feel. No one should have to appear in court unrepresented.
Written by Gisela Then, Esquire of Longwell & Gentle P.A.; for more information,
please contact our office at 407-426-5757