When a court is called upon to create a parenting plan and a time-sharing schedule, the court is required to consider the factors found in Florida Statute 61.13(3).
The best interests of the minor children involved in the proceeding should always be the paramount concern of the trial court judge. One section which should not be overlooked by the judge is found in section 61.13(2)(c)(2). That section creates a presumption of detriment to the minor children when the parent seeking time-sharing has been convicted of domestic battery upon the other spouse.
The operative word under this particular section of the statute is “presumption”. A trial judge must inform the party who has been found guilty of domestic violence that it is their burden to overcome the presumption of detriment to the minor children. Failing to overcome the burden could lead to the denial of shared parental responsibility or any time-sharing.