Florida Parenting Plans

The concept of child custody was abolished in Florida in Oct. 2008. The concepts of custody, primary residential care and secondary residential care have been replaced with the concept of parenting plans and time sharing.

The parenting plan is a document that governs the way the parties relate to one another about the decisions made regarding children, and it includes a time-sharing schedule that dictates when the children will be spending time with each parent, including overnights, weekends, and holidays and summer breaks. Also included is how often and the method of technologies that the parents will use to communicate with the children. If a parenting plan can be developed and agreed to by the parents, then it only needs the approval of the court to become binding. However, if the parents cannot agree, the schedule will be established by the court's determination.

Parenting plans are some of the most challenging and difficult aspects of a divorce case. The parents must work through or litigate whom the children will live with most of the time, and it can be a terrifying, frustrating and demanding process. There are sample parenting plan "forms" available but none of those forms are as comprehensive as the parenting plans that our team crafts for our clients. The more comprehensive your parenting plan is, the less you will be fighting with your former spouse in the future.

Shared parental responsibility is the legal presumption in Florida. The legislature feels that both parents should be actively involved in their children's lives, education, religious upbringing, health and welfare. The court will grant shared parental responsibility unless one parent is truly unfit. Otherwise, both parents will be required to work together jointly raising their children.

The best interest of the minor child is the bottom line standard that the courts consider in making parenting plan determinations. The statute provides us with 21 best interest factors which the court must consider when determining the details of a parenting plan. The judge has wide leeway in making a decision as to what is in the best interest of the minor children. Many parents get caught up in their own wants and needs or their perceived "rights," and forget that the court is only concerned with what is in the best interest of the children.

Our lawyers have endured thousands of such custody battles. We understand what you are going through, what you are feeling and what you want for you and your children. We have had the opportunity to see the way judges make these decisions, and that experience gives us the ability to emphasize the important facts, evidence and testimony to give you the best possible chance to prevail in such a legal battle.

Schedule A Free Attorney Consultation About Florida Parenting Plans

If you have additional questions about Florida parenting plans, call 561-819-6208 or complete our brief contact form. Our law office is in Delray Beach, Florida, and we handle cases in Palm Beach, Martin and Broward counties