Custody Law Changes
The Florida Legislature made some changes to Florida’s divorce related laws in 2008. The main change relates to custody and visitation with children when parents are divorcing. The Legislature removed all references to "custody," "custodial parent," "primary residential parent," and "visitation," and replaced those terms with a requirement for "timesharing" and for a "parenting plan." The parenting plan is to be a document - either agreed to by the parents or imposed by the Court - which governs the relationship of the parties in regard to decisions which must be made for the minor child or children, and which must include a timesharing schedule.
The Legislative staff analysis of this law promises, "This bill eliminates what is considered by many to be outdated and negative terminology related to divorcing parents and their children in order to reduce animosity in relationships between and among family members and thus improve family circumstances for children."
This bill also repeals the "rotating custody" provision of the statutes, and added several factors for the Court to consider in fashioning a parenting plan when the parties cannot agree. These factors are all aimed at determining which parent puts the needs and interests of the child(ren) ahead of the parent’s, and the proclivity of the parents to reach mutual decisions and to foster a good relationship between the child(ren) and the other parent.
Those of us who have practiced law for 25 years or so saw similar changes when the Legislature changed references to "custody" in favor of references to "shared parental responsibility" and "primary residence." Then provisions for "rotating custody" were adopted. All of this came with predictions that changing labels will change people’s feelings and personalities. The thing is that almost all divorces come with hurt feelings, anger, bitterness, feelings of betrayal, guilt, and so on. Until the parties have a chance to work out those feelings, labels are not likely to change their attitudes. Only the most mature person can set aside such hurt feelings toward the other parent and conceive of the type of shared parenting plan envisioned by the legislature.
June 24, 2008 09:46