How to Create Time-Sharing and Parenting Plans in Florida

No aspect of family law cases is more complex or heart-wrenching than issues surrounding minor children. Regardless of your type of case, few legal issues generate greater anxiety for parents than actual or perceived threats to their relationship with their child.

Best Interest of the Child

Every family matter involving minor children is governed by the best interests of the child standard. Although there are almost two factors the court considers, here are a few common best interests of the child factors:

• The willingness of a parent to encourage a relationship between the child and the other parent
• A parent’s willingness to honor the time-sharing schedule
• The ability of each parent to put their own needs after the child’s needs
• Whether the home environment provides stability for the child
• The physical, emotional, and mental health of each parent
• Any past troubles, like child abuse, domestic violence, or child endangerment
• The desire of the child, if the child is old enough to decide (usually at the age of 12)
• A parent’s willingness and ability to participate in a child’s education and other activities

Parenting Plan

Whether you are going through a divorce or paternity action, Florida law requires a Parenting Plan to be entered prior to the entry of a Final Judgment. A Parenting Plan is a civil contract that governs how separated parents will work together to raise their minor child. The Parenting Plan outlines parental responsibility, time-sharing, participation in extra-curricular activities, medical expenses, tax exemptions, and an abundance of other issues.

Time-sharing refers to the amount of time a child spends with each parent, it may be equal or unequal amounts of time. Whereas parental responsibility refers to the authority of each parent to make major decisions for their minor child. In most divorce cases, courts prefer to award shared parental responsibility to parents, which means that both parties will have an equal share in making decisions about a child’s health, education, and religious upbringing. However, there are instances where the court awards one parent sole decision-making power or the parents shared parental responsibility, but one parent has final decision-making authority. While custody is a common term in television and movies, Florida no longer uses joint custody, primary custody, or primary residential parent.

Is there a need to hire an attorney for my parenting plan or time-sharing agreement?

Not all Family matters should require the assistance of an attorney. However, if you’re here asking, then there is a good chance you’ve reached the point where having a lawyer assist you is necessary.

To discuss your Time-sharing and Parenting Plan concerns, contact Chad Barr Law to set up an initial consultation, and find out how your Family Law Team can help you! 407-599-9036.