Florida courts no longer use the term “custody” with regards to children. Instead, the Court fashions “timesharing plans” that consider specific factors that are in the best interests of the child(ren). One factor that can be difficult, especially if you are involved in a difficult divorce or paternity case, is the first factor the courts look at. Florida Statute 61.13(3)(a) “The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the timesharing schedules, and to be reasonable when changes are required.”
The court looks at each parent individually. It is important to do what is best for the child(ren), even if the other parent doesn’t always work with you. For example, if there is a special event for the child(ren) that will occur during your timesharing, invite the other parent to attend. Be sure that the child(ren) call the other parent during your timesharing and don’t monitor the calls. If the other parent requests a change in the timesharing and you do not have plans with the child(ren), consider agreeing to the change. Any changes or invitations can be done via email or text messaging to keep records in the event that the other parent denies that you have been reasonable.
Never put the child(ren) in the position of having to request the timesharing change or carry the messages between parents. No matter how you feel about the other parent, the child(ren)’s best interests must come first. While working with the other parent may be the last thing you want to do, in the long run, your children will be happier that you did. Of course, cooperation is a two-way street. If you find that your reasonable requests for flexibility and communication are not met, contact an experienced family law attorney to discuss your legal options.