Custody/Parenting Plan

As of October 1, 2008, the Florida Legislature has removed the titles which include "custody", "primary residence", "rotating custody" and "visitation". Instead the courts now will require a Parenting Plan that includes a Time-Sharing Schedule. A Parenting Plan includes provisions for specifics like: child's education, health care, and physical, social and emotional well-being. In creating the plan, all circumstances between the parents are taken into consideration. In fashioning a parenting and time-sharing plan, the courts will consider the following factors: 61.13 a-t.

1. 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.
2. The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
3. 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.
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
5. 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.
6. The moral fitness of the parents
7. The mental and physical health of the parents.
8. The home, school and community record of the child
9. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding and experience to express a preference.
10. 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.
11. 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.
12. 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.
13. 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. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
14. 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.
15. 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.
16. The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.
17. The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
18. 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.
19. The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.
20. Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

Support

Child support in Florida is calculated pursuant to the statutory guidelines and is based on the net incomes of parents. Determining the appropriate amount of a parent’s child support obligation is complicated, and it is important to have the assistance of an experienced family law attorney. Child support is a separate issue from visitation, meaning that a parent is still obligated to pay child support even if they are being denied visitation with the child and a parent cannot refuse visitation to the other parent on the basis of non-payment of child support.

Visitation and Time Sharing

Resolving parental conflicts regarding the visitation schedule for their child has the potential of being one of the most emotionally heated issues that parents face when confronted with separation or divorce. It is preferable that your child will be able to interact with both parents by way of a visitation schedule, which is currently referred to as "time sharing." Parental rights lawyer, Leonard Ross, deals with parents with compassion and understanding for their right to be involved in the raising of their child, but takes on an aggressive role when defending their rights in negotiations or in court.

It is the public policy of Florida to make certain that a child continues to have contact with both his mother and his father after they separate or are divorced; a visitation schedule must be agreed upon for this purpose. This policy is to encourage a healthier family relationship regardless of the separation by getting the parents to share in duties, benefits and joys that are a major part of raising a child. Florida attorney, Leonard Ross, can help his clients ensure that this policy is followed.

After the original visitation, or time sharing, schedule has been determined, there may come a time when it needs to be modified to allow for the changes that are a normal part of life. As children grow, their needs change; they may have educational opportunities, medical needs, or some other event in their life that increases their need for time with either parent. Or, either parent may have a change in lifestyle due to remarriage, change of career, relocation or other unexpected change that makes it necessary to modify the visitation schedule. In this instance, a modification to the visitation schedule may be needed, and it must be done legally through the court, even though all parties may be in agreement.

If you want to arrange a visitation schedule, or have a need to modify an existing one, Leonard Ross has the experience and knowledge to help you, as a parent , come to a resolution that is in the best interests of all parties involved.

Grounds for Termination of Parental Rights in Florida

Statute: § 39.806 - Circumstances that ARE grounds for termination:-

• Abandonment or extreme parental disinterest.
• Abuse/Neglect.
• Felony conviction/Incarceration.
• Failure of reasonable efforts.
• Abuse/Neglect or Loss of Rights of another child.
• Child judged in need of Services/Dependent.
• Child's best interest.
• Child in care 15 of 22 months (or less).
• Felony assault of child or sibling.
• Murder/Manslaughter of sibling child.

Circumstances that ARE NOT grounds for termination.

• Mental illness or deficiency.
• Alcohol or drug induced incapacity.
• Failure to maintain contact.
• Failure to provide Support.
• Failure to establish paternity.

Fla.Stat.Ann. § 39.806 (West, WESTLAW through End of 2001 1st Reg. Sess.)

The department, the Guardian ad litem, or any person who has knowledge of the facts alleged or who is informed of those facts and believes that they are true, may petition for the termination of parental rights under any of the following circumstances:

1. When the parent or parents have voluntarily executed a written surrender of the child and consented to the entry of an order giving custody of the child to the department for subsequent adoption and the department is willing to accept custody of the child.
2. Abandonment or when the identity or location of the parent or parents is unknown and cannot be ascertained by diligent search within 60 days.
3. When the parent or parents engaged in conduct toward the child or toward other children that demonstrates that the continuing involvement of the parent or parents in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of the child irrespective of the provision of services. Provision of services may be evidenced by proof that services were provided through a previous plan or offered as a case plan from a child welfare agency.
4. When the parent of a child is incarcerated in a State or Federal correctional institution and the period of time for which the parent is expected to be incarcerated will constitute a substantial portion of the period of time before the child will attain the age of 18 years; the incarcerated parent has been determined by the court to be a violent career criminal, a habitual violent felony offender, or a sexual predator; has been convicted of first degree or second degree murder, or a sexual battery that constitutes a capital, life, or first degree felony violation; has been convicted of an offense in another jurisdiction which is a substantially similar offense to one of the offenses listed in this paragraph; the court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and, for this reason, that termination of the parental rights of the incarcerated parent is in the best interest of the child;
5. A petition for termination of parental rights may also be filed when a child has been adjudicated dependent, a case plan has been filed with the court, and the child continues to be abused, neglected, or abandoned by the parents. In this case, the failure of the parents to substantially comply for a period of 12 months after an adjudication of the child as a dependent child or the child¿s placement into shelter care, whichever came first, constitutes evidence of continuing abuse, neglect, or abandonment unless the failure to substantially comply with the case plan was due either to the lack of financial resources of the parents or to the failure of the department to make reasonable efforts to reunify the family. Such 12-month period may begin to run only after the child's placement in shelter care or the entry of a disposition order placing the custody of the child with the department or a person other than the parent and the approval by the court of a case plan with a goal of reunification with the parent, whichever came first.
6. When the parent or parents engaged in egregious conduct or had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child's sibling.
7. When the parent or parents have subjected the child to aggravated child abuse as defined in § 827.03, sexual battery or sexual abuse, or chronic abuse.
8. When the parent or parents have committed murder or voluntary manslaughter of another child of the parent, or a felony assault that results in serious bodily injury to the child or another child of the parent, or aided or abetted, attempted, conspired, or solicited to commit such a murder or voluntary manslaughter or felony assault.

Reasonable efforts to preserve and reunify families shall not be required if a court of competent jurisdiction has determined that any of the events described above have occurred.

When a petition for termination of parental rights is filed, a separate petition for dependency need not be filed and the department need not offer the parents a case plan with a goal of reunification, but may instead file with the court a case plan with a goal of termination of parental rights to allow continuation of services until the termination is granted or until further orders of the court are issued.

Dependency Matters

In a situation where the State has removed the child from the care of one or both parents, the Court will make a determination of a custodial arrangement, visitation and/or child support. A petition for Dependency may be filed by the Department of Children and Families (DCF) or privately. These matters are entertained in juvenile court. Our law firm handles Dependency matters and will properly advise you as to all avenues of relief that you may have.

Paternity

In Florida, children conceived or born during marriage are presumed to be the children of the husband and the wife. That means that all parental rights and obligations belong to the husband and wife. Often a child born to an unmarried man and woman is not automatically presumed to be the man’s child. This means that the parental rights of the father need to be established and protected. Time-sharing and the child support obligation need to be ordered by a court.

Adoption

Here are some things to consider when decided whether to adopt a child:-

Why do I want to adopt a child?
Can I provide a stable home for a child?
Am I ready to open my heart to another's needs?
Am I willing to go through all the paperwork and various other requirements to have a child?
How will I handle friends' and family's questions and comments about adoption?
Can I love this child as my own?
How will I deal with my child's questions about birth parents?
When will I tell my child about adoption?
Can I afford to take another person into my family?

Traits of Successful Adoption Families:-

A sense of humor
A true acceptance of the child's differences
The ability to measure success in small steps
A firm belief in committment

Our specialized areas of practice for domestic adoptions include...

• Identified Adoptions We assist in completing adoption plans for adoptive parents who have identified their own birth mothers.
• Interstate Adoptions If either the birth mother or the adoptive parent(s) reside outside the state of Florida, we comply with all requirements of the Interstate Compact for the Placement of Children (ICPC). We have been involved in many hundreds of International adoptions.
• Stepparent Adoption Services We have over 25 years of combined experience in adoptions that involve a stepchild. We have the ability to handle these cases in a prompt and efficient mannger.
• Grandparent Adoptions & Family Adoption Services Leonard Ross has assisted many grandparents adopt their grandchildren. Additionally, a relative related to the child to be adopted within the third degree (give us a call and we will explain!) can utilize the same expedited adoption process that is available for stepparent.