Parenting/Parenting Plans

Overview

All child custody and divorce cases with minor child(ren) require a Parenting Plan in Florida. The Parenting Plan governs all aspects of co-parenting, including parental responsibilities, decision-making authority, and time-sharing. The plan may be established by the Court or agreed to by the parties and approved by the Judge, based upon the child’s best interests. Depending on the child’s age, the Parenting Plan may control one’s interaction with their child and the other parent for up to 18 years.

The Family Law attorneys at Kelley Kronenberg are deeply familiar with the Parenting Plan requirements in Florida. Our attorneys are skilled and experienced in guiding families through the creation and modification of all aspects of a Parenting Plan. We can help you assess what is best for your family and create a comprehensive plan that addresses your specific and unique needs.

What is a Parenting Plan?

In Florida, the non-financial aspects of parenting are divided into two (2) sub-categories: time-sharing and parental responsibility. The time a child physically spends with a parent is called “time-sharing.” The major decision-making on behalf of the child, such as religion, education, and healthcare, is called “parental responsibility.” These aspects are merged together in a legal document called a parenting plan. 

Florida has a public policy that each minor child have frequent and continuing contact with both parents after they separate and encourage parents to share the rights and responsibilities of childrearing. There is no presumption for or against a parent based on gender or the age of the children. Both parents are given the same consideration in determining parental responsibility and time-sharing.

What must be included in a Florida Parenting Plan?

Each parenting plan is unique to each family, and it can be as detailed as the parties choose. Florida law outlines specific minimum requirements for a parenting plan. The plan must contain at least a detailed and adequate description of the following:

• how the parents will share and be responsible for the daily tasks associated with the upbringing of the child,
• the specific time-sharing schedule for the time during the school year and school breaks,
• who will be responsible for health care and school-related matters,
• the address to be used for school-boundary determination and registration,
• who decides the child’s participation in outside of school or after school activities, and
• the methods and technologies used to communicate with the child.

If parents cannot agree on the parenting plan, one will be established by the Court considering all facts and circumstances between the parents, including:

• parents’ ability and desire to encourage the child’s relationship with the other parent,
• parents’ ability to put their child first,
• reasonableness in making changes for the child’s best interests,
• parents’ ability to communicate and willingness to work together,
• parenting responsibilities before or after separation and responsibilities delegated to third parties,
• the child’s stability,
• parents’ ability to meet the child’s developmental needs,
• geographic distance of parents,
• child’s logistical needs for school and activities, and the parents’ participation or involvement, and
• parents’ moral fitness, and mental and physical health.

Creating a workable plan with the other parent allows you to tailor the time-sharing schedule and other essential responsibilities in a way that is specific to your family dynamic. This will help your family avoid disputes and litigation in the future.

Our team of experienced attorneys can help you meet all these requirements in a comprehensive parenting plan that is beneficial and best suited for your family.