Current state of child custody/time-sharing in Florida
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The Florida legislature recently enacted laws that abolished the concept of “primary” and “secondary” child custody as well as “visitation.” The court system was overwhelmed with parents who were fighting not only about at whose home the child would spend most of his time, but also over who should have the title of primary child custodian. Many believed that, if they were deemed the “secondary” child custodian, then they were also a second-class parent. Further, many parties resented that they had to “visit” the child rather than live with or spend time with the child. In an effort to help parents avoid fighting over semantics, the Florida legislature adopted the concept of “time-sharing” to replace the old regime of awarding custody to one parent or the other.
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The Florida Legislature also modified and expanded the factors that courts must consider when making a determination on the issue of time-sharing. The overriding concern remains the best interests of the child. There are now twenty factors for consideration, some of which are highlighted below:
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The ability of each parent to have a close relationship with the child;
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The ability of each parent to work with the other parent;
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• The ability of each parent to put the needs of the child before his or her own needs;
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