Tampa family law attorneys are often asked about what the court will consider in determining time sharing. Fighting for custody of your child/children can be a stressful and worrisome experience. Our Tampa family law attorneys do everything possible to take as much stress and worry about of the process as possible.
When determining parental rights with the child or custody arrangements, the court will look to the “best interests” of the child. According to Florida Statute 61.13, the court considers all relevant factors in determining time sharing of the minor child/children, such as:
-Any suitable permanent custody arrangement with a relative of the child (this does not weigh in as a factor against termination of parental rights);
-The ability and disposition of the parent or parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under state law instead of medical care, and other material needs of the child;
-The capacity of the parent or parents to care for the child to the extent that the child’s safety, well-being, and physical, mental and emotional health will not be endangered upon the child’s return home;
-The present mental and physical health needs of the child and such future needs of the child to the extent that such future needs can be ascertained based on the present condition of the child;
-The love, affection, and other emotional ties existing between the child and the child’s parent or parents, siblings, and other relatives, and the degree of harm to the child that would arise from the termination of parental rights and duties;
-The 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;
-The child’s ability to form a significant relationship with a parental substitute and the likelihood that the child will enter into a more stable and permanent family relationship as a result of permanent termination of parental rights and duties;
-The length of time that the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
-The depth of the relationship existing between the child and the present custodian;
-The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference; the recommendations for the child provided by the child’s guardian ad litem or legal representative.
Ultimately, the court will consider what is in the best interest of the child. While the Statute provides a number of factors for the court to consider, the court will consider any factor relating to the best interest of the child. This opens up an entire spectrum of factors to be included in the court’s analysis.
If you or someone you know is going through a child custody battle or has questions concerning what the court will consider when determining time sharing, contact the Tampa family law attorneys of Hackworth Law for a free case consultation. We have handled these matters throughout the Tampa Bay Area, including Pinellas, Polk and Hillsborough counties. We will work to ensure this process causes as little trauma to your children as possible throughout the entire process. If you would like to contact one of our attorneys immediately, please use the “contact us now” option or our chat room. We appreciate you taking the time in checking out our Tampa family law attorney blog. Thank you for your time.