Court determines all matters relating to parenting and time-sharing in accordance with "best interests of child."
FL's public policy:
(1) child has frequent contact w/ both parents &
(2) parents encouraged to share rights, responsibilities, and joys of childrearing.
Shared parental responsibility preferred: CMR at 15
Parenting plan (best interest standard): CMR at 15-16
Time-sharing (indept. of support rights; denial of time-sharing by custodial parent-remedies; parent deployed by military; third party (grandparent) visitation; "keeping children safe act"; electronic communications)
Restrictions on removing child from state
Relocation of parent's principal residence (petition to relocate; factors considered if objection raised; relocation in violation of law): CMR at 18-19
Custody to non-parents, guardians (concurrent custody): CMR at 19
Modification of parental responsibility and time-sharing (exception for military service): CMR at 19
Appointment of guardian ad litem and/or attorney: CMR at 20
Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA")
-- initial custody determination, primary test: home state jurisdiction; when "home state" rule does not apply; exclusive continuing jurisdiction; when court can define jurisdiction; temporary emergency jurisdiction--abandonment or abuse; enforcement of another state's order: CMR at 20-21
Support: both parents owe duty of support to minor child. Determination of amount based on monetary NEED and ABILITY to pay.
Court uses statutory guidelines. Court totals both parents' net incomes and finds support amount in statutory chart. Amount is allocated btw parents according to respective incomes.
If court depart from guidelines by more than 5%, it must enter written findings and justification. Factors for deviation include:
- extraordinary medical or educational expenses,
- seasonal variations in income,
- child's age,
- any special shared parental agreement,
- assets of the parents and child, and
- IRS dependency exemption.
Subsequent children usually will not be considered basis to disregard guidelines amount.
Court MUST adjust award if child is to spend substantial amounts of time (20% of overnights) with obligor parent.
- Exam tip
- health insurance and medical expenses
- duration-usually until age 18
- not necessarily connected to dissolution
- mediation (confidentiality, consent order)