| During its 2008 legislative session, the Florida | | | | custody. My excitement over these changes is |
| Legislature made some important changes to Florida's | | | | tempered by the fact that sometimes, no matter what, |
| "custody" statute, Section 61.13. For one thing, the term | | | | people will fight over children's issues for reasons that |
| "custody" itself was entirely deleted. | | | | may have nothing to do with the children themselves. |
| In addition, the new Statute eliminated the terms or | | | | Mediation is more effective in resolving issues |
| labels of "primary residential parent" and "non-residential | | | | concerning children when parties approach these |
| parent," used to differentiate with whom the child(ren) | | | | issues from the perspective of satisfying the standard |
| would live after the divorce. Gone, too, is 'visitation.' In | | | | of what's in the best interest of the children. This is so |
| their place, the Statute now lists factors--some old, | | | | because the parties are more open to different |
| some new-- that should lead the Court to come up | | | | solutions than would be the case if they took staunch |
| with a parenting plan, not a visitation schedule, which is | | | | positions regarding a set schedule, set activities, etc. |
| to include time-sharing for each parent with the child. | | | | Concentrating on their individual interests--in this case |
| However, the Statute still allows the parties to control | | | | what is best for their child, which is a shared |
| the schedule of time-sharing to be issued in their case, | | | | interest--results in the parties working together as |
| and provides only for the court to draft a time-sharing | | | | opposed to against each other. This is good example |
| provision when the parties fail to agree. | | | | of what mediating based on interests, as opposed to |
| The standard to be satisfied in issues concerning | | | | positions, can achieve, which is usually a workable |
| children continues to be the best interest of the child or | | | | agreement for both parties (and the children). |
| children involved. As a family mediator, I find this | | | | You can get the complete text by searching for the |
| changes encouraging in that parents do not have to | | | | Florida legislature's official website, then for Chapter 61. |
| fight over who will be designated the primary | | | | The applicable statute is Section 61.13. |
| residential parent, or even over who will have ultimate | | | | |