Parents of minor children are required to enter into detailed parenting plans that include timesharing schedules which set forth which parent the child(ren) will reside with overnight for all 365 nights out of the year. If parents are unable to agree on a timesharing schedule, the Court will analyze the following “best interests of the child(ren)” factors in order to award a timesharing schedule:
- 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.
- Moral fitness of the parents.
- Mental and physical health of the parents.
- Home, school, and community record of the child.
- Reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express preference.
- 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.
- 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.
- 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.
- 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.
- Demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
- Demonstrated capacity of 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 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.
- 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.
When a parent is seeking to have children’s’ issues adjudicated by the Court, including whether timesharing should deviate from a 50/50 schedule, the Courts must make findings of fact on the twenty statutory “best interests of the child(ren)” factors. The burden of proof is on the parent seeking the deviation to show that a 50/50 timesharing plan is not in the best interest of the minor children. Experts may be called to testify and evidence may be presented on any of the factors set forth above in order to establish this burden of proof.
