Parenting Plans
Parenting Plans and Time-Sharing
In the State of Florida, the terms “custody” and “visitation” have evolved into the concepts of Parenting Plans and Time-Sharing Schedules. Controlled by Florida Statute §61.13, a Parenting Plan is a broad concept that encompasses all of the issues that may arise regarding a minor child, including: responsibility for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent (more on that here); a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities such as extracurriculars; and the methods and technologies that the parents will use to communicate with the child.
The Creation of a Parenting Plan
The primary consideration of the court when creating a parenting plan is the best interests of the minor child(ren) subject to the Parenting Plan. It is generally the policy of the courts that both parents should be encouraged to participate in their child’s life by having frequent contact with the child on a regular basis. Therefore, usually both parents are awarded shared parental responsibility over the child unless the judge finds that there are serious overriding concerns that would cause shared parental responsibility to be detrimental to the child. To this end, both parents are afforded an opportunity to present evidence on this issue if it is in dispute.
“Shared Parental Responsibility” as typically ordered by the Court in a Parenting plan is a relationship in which both parents retain full parental rights and responsibilities with respect to their child, but both parents must confer with each other so that major decisions affecting the welfare of the child will be determined jointly. Other types of parental responsibility include Ultimate Decision Making Authority (a relationship arrangement in which both parents must confer about major decisions, but one parent ultimately has the power to make the major decisions) and Sole Parental Responsibility (where one parent retains exclusive authority to make all major decisions regarding the minor child without having to confer with the other parent).
In conjunction with the court’s decision on parental responsibility issues, it may consider other case specific issues regarding the minor children to tailor the order to the specific needs and anticipated needs of each minor child. Such issues may include special health care and emergency health care provisions; extracurricular activities and expenses associated therewith; special educational needs; religious education and participation; and any other unique issues that may pertain to the child.
In conjunction with the decisions mentioned above, the court will make a determination about the Time-Sharing Schedule (formerly considered “primary residential/custodial” and “secondary residential/custodial” parent as well as “visitation”). Learn more about Time-Sharing Schedules from divorce lawyers Rechel & Associates, P.A.
