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Parenting Plan Issues

Customized Parenting Plan Drafted & Prepared To Meet The Unique Needs Of Your Child(ren)

The public policy of the State of Florida

In Florida, as in most states, the court's keep the focus on the needs and best interests of the minor child(ren).

During mediation with Eric, all topics will be discussed concerning a wide variety of topics concerning the children.

As with all other issues discussed and resolved in mediation, each decision will only be reached based upon agreement of both parents.

The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child.

Section 61.13(2)(c), F.S.

What are topics included in the parenting plan?

  • Topic 1

  • Topic 2

  • Topic 3

  • Topic 4

01

Decisions Concerning Fundamental Issues

One of the most important issues that will be discussed and agreed upon during the mediation process will be how the parents will make decisions about their child's Health, Education and Religion. The most commonly chosen method for making decisions is called Shared Parental Responsibility.  Basically, that means that both parents will speak to one another about such decisions, weight the pros and cons, and then reach a joint decision. There are some less common approaches to these decisions which involve one parent having the sole decision-making power. Eric will also help the parents discuss and agree upon how decisions will be made about extra-curricula activities and summer camp.

Common Questions

Does Florida Favor Mom or Dad?

Florida values mothers and fathers equally. That is, there is no inherent preference to the rights of moms or dads. The court will always look to the best interests of the child when deciding issues affecting their life. "It is the public policy of this state that each minor child has frequent and continuing contact with both parents ... and to encourage parents to share the rights and responsibilities, and joys, of childrearing. [T]here is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child."  Section 61.13(2)(c)(1), F.S.

Can The Parenting Plan Be Modified?

Section 61.13(d)(4), F.S., provides: "A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child." Thus, either parent can always file for a future modification, subject to meeting the standard described above.  This procedure leaves open the door for either parent to request a modification of the Parenting Plan should a material, substantial, and unanticipated future change occur.

What Happens If  A Parent Lives Far Away

Generally speaking, parents may not relocate more than 50-miles from the other parent's address as stated in the parenting plan or any revised version. If either parent  requests such a relocation, it requires the permission of the other parent or the court. "The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.." Section 61.13001(2) & (3), F.S.

Will The Court Change Our Parenting Plan?

The biggest benefit to mediation your divorce, especially when minor children are involved, is the power, control and freedom to create a customized and personalized parenting plan that meet the needs of both parents and is in the best interests of the children.  However, the court will review your parenting plan to ensure it actually is designed to be in the best interests of the children. As such, the court maintains the power and authority to modify your parenting plan in the uncommon event something seems contrary to the children's best interest.

Don't know where to start?

Confused? Overwhelmed? Questions?