Tampa Dads Staying Involved After Divorce
The importance of men in the Tampa Bay area remaining fathers after divorce is a priority for Thor Hartwig and is the foundation of his practice's core principles. He is of the staunch belief that a nuclear family remains the best environment for raising children, but when this is no longer a viable or healthy option, then it is imperative for men to establish an ongoing, active role in their children's lives.
Numerous reputable studies have shown that children raised without a father are significantly more likely to dropout of high school, run away from home and develop behavioral or anger problems. When it comes to divorce involving minor children, it is imperative that right from the start there is an attorney that will aggressively advocate for a father's custody of his children. Attorney Hartwig has been through this process himself and can empathize with another man's struggle to remain an active father. More importantly, he can use his experience and beliefs to be a tireless advocate for any man that wants to stay involved in his children's lives.
Establishing Child Custody
Parenting Plan
While it is an understatement that divorce can be difficult for the parties involved, Florida courts encourage parents of minor children to work together to create a plan for time-sharing after divorce. In order to achieve this goal, Florida has a Parenting Plan requirement that lays out ongoing custody.
The Parenting Plan is designed to meet the needs of individual minor and dependent children and must be accepted by the court. The Plan must address how each parent will contribute to each child's upbringing and, ideally, anticipate ongoing and future needs.
Florida Statute holds that, at a minimum, the Parenting Plan must:
- Describe in adequate detail how parents will share and be responsible for the daily tasks associated with the upbringing of the child
- Include the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent
- Designate ho will be responsible for: Any and all forms of healthcare, school-related matters and other foreseeable activities
- Describe in adequate detail the methods and technologies that the parents will use to communicate with the child
If parents are unable to agree on a parenting plan through negotiation, mediation or other Alternative Dispute Resolutions, then the court will step in and establish one for the parents. When this happens, much of the control the parents could have enjoyed when working towards a suitable Plan will be taken out of their hands.
This is why it is in the best interest of each parent, as well as the child in most cases, to work together when determining a Plan that best works for them. It can also be less costly when the parents determine this on their own.
Child Custody Determination
If the parents are unable to establish an approved Parenting Plan, the court will create one for them. When doing so, the court will keep the best interest of the child in mind at all times. Fortunately for men, the antiquated presumption that the best interest of the child meant the mother enjoying full-custody has been abandoned.
Today, a judge should give equal consideration to both parents as weighed against the facts, circumstance and the child's best interest. Normally, the parental responsibility will be shared regardless of the physical time-sharing allocation.
When creating or approving a Parenting Plan, the court will again use the child's best interest when making the final determination.
Florida statute lays out the factors used when making this determination and include, but are not limited to:
- The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
- The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
- The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
- The moral fitness of the parents.
- The mental and physical health of the parents.
- The home, school, and community record of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
- The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
- The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
- The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
- Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.
- Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
- The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
- The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
- The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
- The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
- The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
- Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule
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