The End of Custody in Florida: Finally Parents Are Just Parents

In 2004, the Family Law Section of The Florida Bar started looking into changing the custody laws in Florida. They wanted to get rid of the labels of primary and secondary residential parent because it was causing a lot of expensive fights in court. After two years of work, they approved what became the 2007 Parenting Bill. It didn’t become law in 2007, but it was brought back in 2008. Thanks to the hard work of Representative Jim Frishe and Senator Evelyn Lynn, the bill became law on October 1, 2008. The new law made a lot of changes to how the court decides what happens to kids when their parents break up. Before, Florida had a law that assumed mothers should be the main caregiver for children in a divorce. But in 1982 and 1991, the law changed to give both parents equal consideration. However, the idea of having a “primary residential parent” and a “secondary residential parent” caused a lot of arguments in court. Now, Florida is changing the law to not use these labels and just call both parents “parents.” This is to help make it easier for parents to work together and focus on what’s best for their children after a divorce. This change is part of a national trend to make divorces less hostile and protect the well-being of the children involved. The terms “primary residential parent” and “secondary residential parent” have been replaced with just “parents.” Custody and visitation are no longer used. Instead, there is now a parenting plan that outlines how the children will spend time with each parent, holidays, and other responsibilities. The plan also includes decision-making authority and other important details. The factors the court considers when creating the parenting plan have been expanded from 13 to 20. Starting now, when parents are no longer together, they will have to make a specific schedule for when the kids will be with each parent. This is a big change from before, when the law didn’t say who should have the kids more. There used to be no set schedule for sharing time with the kids. Now, the law says that both parents should have a say in making decisions for the kids. The new rules will help make sure that both parents are involved in the kids’ lives, even if they’re not together anymore. In the updated Ch. 61, parents will now be called Mom and Dad or Mother and Father instead of primary and secondary labels. This change aims to focus on determining the best timesharing schedule for the children with each parent, rather than labeling the parents. Even though the hope is that this change will reduce the need for court trials, there may still be cases where litigation is necessary, especially when parents can’t agree on issues involving their children. The new rules may make trials less common, but they will still be needed in some cases. The changes to Ch. 61 of the law now require the court to consider more factors when deciding on a parenting plan. This is because families today are different – more parents work outside the home and the traditional roles have changed. The court needs to take into account these changes and the specific needs of each family when making decisions about the children’s best interests. The new law focuses on parents being able to work together to raise their kids. Now, both parents can ask the court for help if the other parent doesn’t follow the schedule for spending time with the kids. This helps make sure both parents focus on what’s best for the kids when making a plan for sharing time with them. This should help reduce arguments over who gets to spend time with the kids. The new laws and rules about child custody and visitation after a divorce now take into account how the parents will share responsibilities and work together in two separate households. This is important because things change when there are two homes instead of one. The court now looks at how each parent has been involved in the kids’ lives and how they will continue to take care of them after the divorce. It also considers if the parents can agree on rules and routines for the kids in both homes. This is important for the kids to feel secure and stable after their parents’ relationship ends. In the future, lawsuits about kids’ issues will focus on the new rules for deciding what is best for the children. The term “custody” has been removed, so the tools used in custody cases have changed too. Psychologists will still play a big role in recommending parenting plans, even though “custody evaluations” are no longer a thing. Other mental health professionals will also be important in helping courts make decisions about kids. Overall, mental health experts will still be very important in family law cases. The new family law statute in Florida has removed all presumptions about parenting time, giving parents more flexibility in creating plans for their children after a breakup. The court will now start with a blank slate when determining parenting schedules, and parents are encouraged to work together to come up with a plan that works for their family. This is a positive change that will hopefully reduce conflict and allow parents to focus on being good parents to their children. This article discusses new laws about parenting plans in Florida. It mentions different statutes and forms that are being developed. The author is a lawyer who helped draft the legislation.

Source: https://www.floridabar.org/the-florida-bar-journal/the-end-of-custody-in-florida-finally-parents-are-just-parents/