Every Florida case involving minor children requires a parenting plan. The plan is a written document that sets out how parents will share decisions and time with their child after a divorce or paternity case. Florida law requires one whether the parents agree or the court decides, and a Tampa child custody lawyer can help you prepare a plan that meets the statutory requirements.
What a Parenting Plan Must Include
Florida sets minimum requirements for every parenting plan. Under section 61.13 of the Florida Statutes, the plan must describe how the parents will share the daily tasks of raising the child, set a time-sharing schedule that specifies the time the child spends with each parent, and assign responsibility for health care, school matters, and other activities. The plan must also state how the parents will communicate with the child. A plan that omits these elements will not be approved.
Parental Responsibility
Parental responsibility refers to decision-making for the child, including choices about education, health care, and religion. Florida favors shared parental responsibility, in which both parents confer and decide together on major issues. A court orders sole parental responsibility only when shared responsibility would be detrimental to the child. The child custody page explains how courts apply this standard.
The Time-Sharing Schedule
The time-sharing schedule sets when the child is with each parent, including weekdays, weekends, holidays, and school breaks. Florida law now begins with a rebuttable presumption that equal time-sharing serves the child’s best interests. A parent who seeks a different arrangement must overcome that presumption with evidence. The schedule also affects child support, because the number of overnights is part of the support calculation.
How a Parenting Plan Is Created
Parents may agree on a plan and submit it to the court for approval. Many reach agreement through mediation, which allows them to shape the plan themselves. If the parents cannot agree, the court establishes the plan based on the child’s best interests. A parenting plan can later be changed when circumstances substantially change. A St. Petersburg child custody lawyer can prepare or contest a plan on your behalf.
The McKinney Law Group helps parents create, negotiate, and enforce parenting plans throughout the Tampa Bay area. Consult a Clearwater family lawyer and contact our office to schedule a consultation regarding your situation.