Within Florida’s law, parents involved in proceedings that involve minor children are no longer labeled as custodial or non-custodial. Instead, they are required to create a comprehensive parenting plan that outlines the specifics of when and how a child will spend time with each parent. The plan will also include where the child will live, and how parental responsibilities will be shared. This plan or document serves as a guide for handling child-related concerns or disputes, with the intent of helping to avoid prolonged court battles. Once both parents agree on this very important parenting plan, it is submitted to the court as part of the paternity or divorce process. After it is approved by the court, the plan becomes an official order, and any failure to adhere to it can result in civil or criminal penalties, including court-imposed sanctions.
Florida law encourages parents to negotiate their parenting plan and offers parenting coordination to assist in this process if needed. However, if parents are unable to reach an agreement, which happens the Florida courts have the authority to impose a parenting plan, even WITHOUT the parents’ consent.
Key Elements of a Parenting Plan
The Florida Supreme Court provides guidelines and a standard form to ensure that all aspects of co-parenting are addressed in a parenting plan. The essential components of a parenting plan include:
- Regular Time-Sharing
- School Breaks and Holiday Responsibility
- Overall Parental Responsibility including the right to make medical and educational decision
- Child Support
Regular Time-Sharing establishes the weekly schedule for the child, detailing how time will be divided between the parents. Factors considered in determining regular time-sharing include the parents’ work schedules, childcare costs, the child’s school location, and other specific needs. Parents are also encouraged to define time-sharing for vacations, like summer breaks and school holidays, to prevent future conflicts. If one parent wishes to travel with the child during a vacation or holiday, prior notification to the other parent is often required.
Additionally, the parenting plan outlines how major decisions regarding the child will be made and designates who will be primarily responsible for the child’s medical and educational welfare. This may also involve agreements on access to medical records and emergency contact procedures.
