Florida is among the states that have recently revamped its child custody laws to create a little more gender equality for parents. Under Florida Statute § 61.13, the courts now start with the assumption that giving parents roughly equal time with their children is always to the children’s benefit.
However, this is a rebuttable presumption. That creates room to “move the needle” in a custody battle if one parent can prove to the court’s satisfaction that equal time would not be in a child’s best interest. Every case must be evaluated for its unique facts, but here are some situations that may meet the court’s criteria:
Domestic violence, abuse or neglect
Domestic violence, abuse and neglect are among the most common reasons equal parenting time is contested. This includes domestic violence that is directed at others in the home, not just the child, especially if incidents have occurred in the child’s presence.
Serious co-parenting conflicts
Most parents make an effort to put their personal grievances aside and work together for the sake of their children – but not everybody does. A parent may lose equal physical or legal custody when they:
- Repeatedly violate court orders
- Refuse to communicate about the child with the other parent
- Involve the child in the conflict between the adults
Judges place a lot of significance on each parent’s willingness to support the child’s relationship with their other parent, too, so a parent’s attempts to undermine that relationship can be very impactful.
Inconsistent involvement
It never plays well before the court when a parent cannot show regular involvement in their child’s life. The court may decrease a parent’s custody when it is demonstrated that they have not participated in the child’s education, medical care or socialization. A parent who does not know their child’s regular routine or needs may face additional challenges if they want equal timesharing immediately.
Geographical issues can also come into play. If a co-parent has moved far away or travels frequently, a 50/50 custody arrangement could be unnecessarily stressful for the child.
Mental health or substance abuse issues
Mental health conditions or substance abuse issues do not automatically prevent a parent from shared custody, especially if they are under control. However, courts may evaluate whether untreated conditions affect parenting ability or place the child at risk. Evidence that the parent has questionable or impaired judgment, unstable housing or has failed to comply with treatment can be important in custody proceedings.
Although Florida law now favors equal timesharing in many cases, the child’s best interests remain the controlling standard. Concerned parents can benefit from an attorney’s involvement in any custody case where shared parenting may not be ideal.
