A Continued Review Florida’s Best Interests Standard
Florida Statute §61.13 establishes that the best interests of the child are the primary consideration in determining parental responsibility and time-sharing. The court evaluates approximately 20 statutory factors when making these determinations for parenting plans. This is a continued review in our series addressing the best interests factors.
Division of Parental Responsibilities After Litigation
When examining “the anticipated division of parental responsibilities after litigation, including the extent to which parental responsibilities will be delegated to third parties” (Florida Statute §61.13(3)(f)), the court focuses on:
Primary Considerations
- Parenting Plan Implementation: How each parent will handle day-to-day responsibilities including:
- Educational decisions
- Healthcare management
- Extracurricular activities
- Religious upbringing
- Daily care routines
- Delegation Assessment: The court evaluates whether and to what extent either parent intends to delegate responsibilities to:
- Other family members
- Childcare providers
- Significant others
- Other third parties
- Stability and Consistency: Courts generally favor arrangements where parents personally fulfill their parental responsibilities rather than frequently delegating them.
Treatment of Third Parties in Florida Custody Determinations
Significant Others (Boyfriends/Girlfriends)
- Legal Standing: Boyfriends and girlfriends have no independent legal rights regarding custody or parental responsibilities.
- Relevant Factors Courts Consider:
- Length and stability of the relationship
- Relationship between the significant other and the child
- Significant other’s character, criminal history, and background
- Whether the significant other will be providing regular childcare
- Impact on the child’s emotional well-being
- Morality Clause Considerations: Courts may impose restrictions regarding overnight visitation with significant others, particularly in new relationships.
Grandparents
- Limited Standing: Under Florida law, grandparents have limited independent rights to visitation or custody.
- Considerations in Parental Responsibility Cases:
- Existing relationship between grandparents and the child
- Whether grandparents will provide regular childcare
- Grandparents’ ability to support the parent-child relationship
- Grandparents’ ability to provide stability and continuity
- Delegation Concerns: Courts evaluate whether delegation to grandparents is:
- In the child’s best interest
- Supplementing parental responsibilities rather than replacing them
- Creating stability rather than fragmentation of care
Key Legal Principles
- Primary Caregiver Preference: Courts often favor the parent who will personally provide care rather than regularly delegate responsibilities.
- Time-Sharing Consideration: A parent’s work schedule requiring third-party care may be considered but isn’t determinative on its own.
- Third-Party Assessment: Any third party who will have significant contact with the child may be subject to evaluation regarding:
- Character and fitness
- Criminal background
- Substance abuse issues
- Relationship with the child
- Consistency Principle: Courts evaluate whether third-party care arrangements provide stability and consistency for the child.
Courts approach these matters on a case-by-case basis, focusing on the unique circumstances of the family and always prioritizing the best interests of the child as the paramount consideration. The Florida Supreme Court has provided a sample parenting plan which is a great starting point, but usually requires a bit more insight.
We know matters involving children are especially sensitive, and that every family is unique. Contact us for the guidance you need in coming up with a parenting plan that will serve your family’s needs.
