When parents are divorcing in Florida, they can develop their own parenting plan, but if they are unable or unwilling to do so, the judge will create one designed to serve the child’s best interests. Before creating a parenting plan, parents should understand their rights and responsibilities, know the difference between parental responsibility and time-sharing, and set realistic goals for a plan that meets the family’s needs.
Working with a legal team prepared to provide personalized attention can make the process less stressful and more productive. Although every family’s process is unique, we provide an overview of how parenting plans are created to establish time-sharing schedules and allocate parental responsibilities. Negotiation plays a role in the process, but ultimately, a judge must review and approve the plan.
What Is a Parenting Plan in a Florida Divorce?
In the Florida divorce process, a parenting plan is a written document that outlines where the child (or children) will live and how decisions about the child’s upbringing will be made. The authority to make decisions about the child’s upbringing is referred to as parental responsibility in Florida, but in other jurisdictions it is sometimes called legal custody.
The time-sharing arrangement that outlines the time the child will spend with each parent is known in some other jurisdictions as physical custody and visitation.
Section 61.13(2)(b) of the Florida Statutes specifies that in order to be approved by the court, a parenting plan must:
- Describe how parents will be responsible for daily tasks associated with the child’s upbringing
- Include the schedule for time-sharing, specifying the overnights the child will spend with each parent
- Explain who will be responsible for health care, school issues, and other activities
- Describe how parents will communicate with the child
- Designate locations for exchange of the child from one parent to the other
Remember: to be approved, plans must be in the child’s best interest, not a parent’s.
How Should a Parenting Plan Be Created?
Ideally, parents set aside their animosity and personal preferences to build a parenting plan that best meets the child’s needs. The collaborative divorce process is often a good approach for creating a beneficial parenting plan. In this process, each parent is represented by their own attorney who advocates for their interests while negotiating professionally to develop a plan that satisfies legal requirements. This process almost always includes a neutral facilitator with a mental health background who is instrumental in helping craft the parenting plan.
Identifying Needs
Parents should consider each child’s age and developmental needs. Carefully consider schedules—not only the child’s schedule but the parents’ schedules. The current allocation of parenting responsibilities should also be given some weight. Although these can change, the goal is to create consistency for the child.
Developing a Time-Sharing Schedule
Florida law operates on the premise that it is in the child’s best interests to spend equal amounts of time with each parent. This may not be feasible or desirable in every situation, but as parents negotiate and try to ascertain the schedule that will work best, it is important to keep this starting premise in mind. Some parents work out plans where the child spends alternating weeks with each parent, or the child could change households every couple of days with a 2-2-3 or other schedule. It is also important to have a plan for holidays and school breaks.
Developing a Plan for Decision-Making
Even if parents cannot spend equal time with the child, they may share equal authority to make decisions about the child’s education, medical care, and other issues. The parenting plan should address how parents will make and communicate decisions.
What If Parents Cannot Agree?
When parents dispute any aspect of the parenting plan, the court will usually order them to attend mediation to try to resolve the conflict. In mediation, a neutral mediator tries to help the parties reach an agreement. The mediator may be a former judge,attorney, or mental health professional, but they are acting in a different role. They don’t make any decisions, advocate, or advise the parties. Instead, the mediator helps the parties reach common ground and find a decision they can both live with.
If mediation fails, the judge will make the decision. Each parent can submit their own proposed plan for consideration, but the judge may reject both plans and make a determination in the child’s best interests.
What Factors Does a Florida Court Consider When Approving a Parenting Plan?
Before approving a plan submitted by parents, the judge must consider:
- The child’s current or customary home and school environment
- The child’s developmental needs
- The ability of each parent to meet the child’s needs
- The ability of each parent to support the child’s relationship with the other parent
- The distance between the parents
- Each parent’s involvement in the child’s upbringing
- Any evidence of abuse, neglect, or family violence
When appropriate, the court may also consider the child’s preferences.
FAQs About Creating a Parenting Plan in Florida
Is a parenting plan required in every Florida divorce involving children?
Yes, any divorce involving minor children must have a court-approved parenting plan even if parents have already worked out arrangements outside of court.
Does Florida automatically give parents 50/50 custody?
Florida law presumes that 50/50 custody is in the child’s best interests, but evidence can be presented to show why another allocation of parenting time or responsibilities is in the child’s best interests.
Can parents create their own parenting plan without going to trial?
Parents can negotiate their own plan, but it must be approved by the court.
Does a Florida parenting plan become legally binding?
Yes, once the plan is approved and incorporated into the final divorce judgment, it becomes legally binding, and either parent may face legal consequences if they do not follow it.
Can a parenting plan be changed after a divorce in Florida?
If a parent can show a substantial and material change in circumstances, they can ask the court to modify the plan, but they must show why the proposed change is in the child’s best interests.
Leap Frog Divorce Helps Parents Build the Right Plans for the Future
Divorce changes your life in painful ways when you have children, but with the right planning, your family can rebuild new routines and relationships that lead to a bright future. At Leap Frog Divorce, we use a variety of approaches effectively to create parenting plans that meet parents’ goals while serving the child’s best interests. To schedule a confidential consultation to discuss how the process might work in your situation, call us at 407-890-7297 or contact us online now.
