Florida Statute 61.13(3) sets forth 20 factors that the Court must use when determining a parenting plan and parental responsibility. One factor is F.S. 61.13(3)(f): the “moral fitness” of the parents. Different families will have different views of what is proper moral behavior and what is not. So, how does the Court determine when the moral fitness of a parent is something that should effect its decision regarding timesharing with a child?
Current case law states that in order for the trial court to consider a parent’s behavior as a reason to award custody to the other parent, the “bad” behavior must have a direct effect on the children. Additionally, the connection between the parent’s behavior and the harm to children must have a factual basis. The case law does not provide specific instances of “bad” behavior that would be considered a factor in awarding custody. For example, one case states that a parent’s alleged adultery should not be considered if the court finds that the behavior doesn’t have an effect on the children’s well-being.
Therefore, before alleging that a parent is morally unfit to have timesharing, the parent making the allegation must be able to factually prove that the behavior of the parent has a direct, negative effect on the child(ren). Although one parent’s behavior may not be agreeable to the other, if the behavior is not having a negative effect on the child(ren), the Court should not consider the behavior when determining the timesharing schedule. In order to avoid such allegations, parents should limit the child(ren)’s exposure to any behavior that might be questioned. If you are in doubt, please contact a Florida family law attorney to discuss your options.