Florida parenting plans govern post-divorce relationships with children by identifying the time each parent will have with their children (timesharing), and each parent’s responsibility to make decisions for the child (decision-making authority). The terms of parenting plans vary widely, depending on the circumstances of the case. They are incorporated into divorce judgments, and paternity orders.
FLORIDA PARENTING PLAN STATUTE
Florida judges do not establish parenting plans based upon what they personally think is best. Instead, the court analyzes factors outlined in Florida Statute § 61.13 to determine a parenting plan that will best served the children’s best interests.
FLORIDA PARENTING PLANS
THOSE FACTORS INCLUDE:
- The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
- The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
- The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
- The moral fitness of the parents.
- The mental and physical health of the parents.
- The home, school, and community record of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
- The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
- The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
- The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
- Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
- Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
- The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
- The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
- The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
- The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
- The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
- Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
The court will enter a parenting plan that protects the child’s best interests, based upon an analysis of these factors. The parenting plan should also identify pick-up and drop-off locations and times, who is responsible for transportation, as well as back-up care rights (what happens when a parent cannot exercise the timesharing granted to them in the parenting plan).
PARENTAL RESPONSIBILITIES
Parental responsibilities for children can also vary, and are most often determined by examining the role each parent took in making decisions for the children prior to divorce. Any number of responsibilities can be assigned primarily to one parent or the other, such as academics, medical care, religious activities or extracurricular activities. Although one parent may be assigned ultimate decision-making authority over any area of the children’s lives, the court will typically designate the parenting plan as a “shared” parenting plan. This means that both parties will retain all parental rights to their children, the right to information about their children and the right to provide input on every major decision that affects their children. Exceptions are made for cases where a parent is unfit to make decisions for the children (e.g. drug addiction, abuse, abandonment or incarceration).
FORM PARENTING PLANS
Most counties have a form shared parenting plan to guide parties in a divorce. The form will contain check boxes and other standard provisions for a parenting plan and allow the parties or their attorneys to identify the rights of each parent. An example of such a form can be found in the Okaloosa-Walton Shared Parenting Plan form. Parenting plan forms will vary from county to county in Florida, but they are only forms and can be tailored to meet the needs of specific circumstances in each case. Therefore, if you need a plan that is tailored to your particular circumstances, you should consult with an experienced Florida family law attorney.