TYPES OF CUSTODY ARRANGEMENTS &TIME SHARING CUSTODY DESIGNATION OF ONE PARENT AS THE RESIDENTIAL PARENT

SHARED PARENTAL RESPONSIBILITY.  In Florida, in most divorce situations, physical custody is awarded to one parent with whom the child will live most of the time, with that parent referred to as the “Primary Residential Parent”. The non residential parent is afforded “shared parental responsibility”, being the right to make non emergency decisions jointly.

JOINT CUSTODY. Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents. Some experts believe that this arrangement lessens the feeling of loss that a child may experience in a divorce, while others say that it is best for the child to have one home base, with liberal “time sharing” allowed to the "non-custodial" parent. Because joint custody requires a high degree of cooperation between the parents, courts are reluctant to order joint custody unless both parents are in agreement and can demonstrate the ability to make joint decisions and cooperate for the child's sake. In lieu of Joint Custody, parties oftern agree to equal, rotating time sharing Split Custody

Another option, although much less favored, is split custody, in which one parent has custody of one or more of the parties' children, and the other parent has custody of the other(s). Florida Courts usually prefer not to separate siblings, however, when issuing custody orders.

TIME SHARING (FORMERLY KNOWN AS “VISITATION”). In Florida, when parents divorce, the divorce decree will specify with whom the divorcing couple's children will live (and circumstances under which the other parent will have “time sharing, the contemporary concept that the non residential parent is not a second class parent, having equal or as near equal input in the child’s life).,It is preferable that the parents work out these arrangements between themselves, either completely voluntarily or with the assistance of their attorneys or a mediator. When they are unable to reach a decision, however, or when unmarried parents are unable to agree on who will be the primary custodial parent (i.e, have primary custody), the court may intervene and make a decision based on the child's best interests. In Florida, Time Sharing still archaically referred to as visitation and designatiorn of the primary resident of the child are controlled by Section 61.13, Florida Statutes.

HOW FLORIDA COURTS APPLY THE LAW: Florida statutes require that the court determine all matters relating to custody of each minor child of the parties in accordance with the “best interests of the child” and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. It is the public policy of Florida to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. Florida law specifically proides that after considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child. Primary Residential Designation:

FACTORS TO CONSIDER. In deciding who will be the primary residential parent, Florida Courts MUST consider various factors. The overriding consideration is always the child's best interests, although that can be hard to determine. Often, the main factor is which parent has been the child's "primary caretaker" If the children are old enough, the courts will take their preference into account in making a custody decision. Past convictions for domestic violence or evidence of child abuse or drug use way heavily in the decision as does proof of mental illness, child neglect or similar misconduct”

Although the "best interest" is not a mathematical calculation, some factors are common in the “best interest” analysis used by the courts in Florida, including:

· Wishes of the child (if old enough to capably express a reasonable preference);

· Mental and physical health of the parents;

· Religion and/or cultural considerations;

· Need for continuation of stable home environment;

· Support and opportunity for interaction with members of extended family of either parent;

· Interaction and interrelationship with other members of household;

· Adjustment to school and community;

· Age and sex of child;

· Parental use of excessive discipline or emotional abuse;

· Evidence of parental drug, alcohol or sex abuse.

· During the separation, the willingness of the residential parent to allow visitation and

· Any alienation of the child attributable to any parent