Parenting Plans and Time-Sharing in Divorce
Divorce can be highly complicated, especially in matters concerning children. If your divorce involves children, you should speak to an Orlando family law attorney to discuss your situation and determine the best custody arrangement in your case. For the purpose of this blog, let’s explore Parenting Plans and time-sharing in Florida.
Most states use the term “child custody” to describe the arrangement regarding children between parents upon a divorce. Florida, on the other hand, recognizes the term “parental time-sharing.”
Parental Time-sharing in Florida and How It’s Decided
Florida law encourages both parents to have equal parenting time with their children, even after a divorce. Therefore, under normal circumstances, parental responsibility will be shared equally by each of the parents, regardless of who has physical custody of the child. This time-sharing determination is set forth in the Parenting Plan.
There are certain instances wherein a time-sharing arrangement may not be equal. For one, it may not be possible for divorced parents to share an equal amount of time with their children, so the parents may need to work out a different time-sharing arrangement. In addition, in some cases, a judge may believe that shared parental responsibility would be harmful to the child and use their discretion to alter the time-sharing arrangement.
Parenting Plans Are Formulated To Lay Out Expectations and Avoid Conflicts
Under Florida law, a Parenting Plan is specifically created to meet the needs of the child, and this plan is to be approved by the court—this sets forth the custody agreement. The parents must cooperate to reach a consensus about how the child will be raised and how each parent will participate in the child’s upbringing. This Parenting Plan needs to anticipate issues and develop solutions for how each situation will be handled. The plan must speak to custody and time-sharing agreements, school and extracurricular activities, medical and healthcare matters, and any other circumstances relevant to the particular child.
Although a Parenting Plan cannot anticipate every possible occurrence and outcome, it will provide a roadmap to make sharing parental responsibility more manageable. If the parents fail to agree on a Parenting Plan or come up with a plan that the court will approve, then the court will step in and establish the Parenting Plan, eliminating most of the control from the hands of the parents. Therefore, devising an acceptable plan is in the parent’s and child’s best interests.
When reviewing a Parenting Plan, the court will consider the following:
- Each parent’s ability to maintain a close emotional relationship with the child;
- Each parent’s ability to ascertain the specific needs of the child and take the appropriate actions to address those needs;
- The geographic location of each of the parents in relation to the child;
- Each parent’s ability to provide a stable residence and home life for the child;
- The emotional, mental, and physical health of each of the parents;
- Any evidence of abuse, neglect, or abandonment of the child;
- The educational and developmental needs of the child; and
- Any other facts or circumstances that impact the well-being of the child.
Contact an Orlando Family Law Attorney Today
In a Florida divorce involving children, you need a skilled, compassionate Orlando family law lawyer with proven success at resolution. At FCLC Group, we are dedicated to helping you create a parenting plan that promotes your family’s needs and your child’s best interests.
Contact us today for help understanding your rights and navigating these legal issues.