Best Interests of the Child Factors: Parental Cooperation

Florida operates under a “best interests of the child” standard for custody cases. There are a wide range of different factors that can be used to determine what arrangement is truly in a child’s best interests. Parental cooperation, or, more specifically, parental willingness to cooperate with each other, is a factor. Here, our Boca Raton child custody attorney highlights key points to know about parental cooperativeness and the best interests of the child standard in Florida.

Parental Cooperation is a Statutory Best-Interest Factor in Florida

Florida courts decide parental responsibility and time-sharing based on the best interests of the child. Parental cooperation matters because Florida law favors parenting arrangements that protect the child’s relationship with both parents when safe and appropriate. Under Florida Statutes § 61.13(3), the court may evaluate each parent’s demonstrated capacity and disposition to encourage a close and continuing parent-child relationship, honor the time-sharing schedule, and act reasonably when changes are required. That means cooperation is not just a general preference. It is part of the statutory analysis in a child custody case.

Refusing to Co-Parent Cooperatively Can Hurt a Person in a Custody Case

A parent who repeatedly interferes with the other parent’s relationship with the child may damage his or her own custody case. Examples may include withholding time-sharing without a lawful basis, refusing to share school or medical information, blocking reasonable phone contact, making unilateral major decisions, disparaging the other parent to the child, or creating unnecessary exchange problems. Florida courts can consider whether a parent has honored the existing schedule and whether that parent is likely to support a stable relationship between the child and the other parent.

Evidence of Cooperation Can Strengthen Your Case

Parental cooperation should be shown through evidence, not merely asserted. Helpful evidence may include respectful written communications, consistent compliance with the time-sharing schedule, proof that school and medical information was shared, reasonable flexibility for special events, and a record of proposing child-centered solutions.

Cooperation Does Not Mean Agreeing to Everything

A cooperative parent is not required to surrender legitimate concerns. A parent can and should object to unsafe conditions, missed exchanges, untreated substance abuse, domestic violence, medical neglect, school disruption, or repeated violations of a parenting plan. The key distinction is whether the parent’s conduct is child-focused or conflict-driven. Parents in Florida should always make a good faith effort to cooperate with their co-parent. Still, you should never hesitate to protect the health, safety, and well-being of your child. 

Call Our Boca Raton, FL Child Custody Lawyer for a Confidential Consultation

At Williams & Varsegi, LLC, our Boca Raton child custody attorney is standing by, ready to protect your rights. If you have any questions about child custody cases, we are here to help. Give us a call now or contact our family team online to set up a completely confidential case review. Our firm provides child custody representation in Boca Raton and throughout the region in South Florida.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html