Parenting Plans
common parenting plan questions
What is a Parenting Plan?
The term “Parenting Plan” has become widely recognized, although you may still hear terms like “custody” and “visitation” used in conversation. However, Florida’s legal system no longer uses these terms. It was realized that terms like “custody” and “visitation” imply one parent has possession of the child, while the other only gets to “visit,” which isn’t in the child’s best interest. The State of Florida has made it clear that Children deserve to have two committed parents, regardless of whether they are married or not.
What is “Time-Sharing”?
Florida law uses the term “time-sharing” to describe how parents share time with their child. A Parenting Plan outlines in detail how parents will share the responsibilities of raising their child(ren), including a time-sharing schedule that specifies how much time the child(ren) will spend with each parent on a daily basis as well as during holidays. The Parenting Plan must also include a school boundary determination and describe how parents will communicate with their child(ren) through different methods and technologies.
How Much Time-Sharing Will I Get?
As of July 1, 2023, Florida law presumes that equal time-sharing is in the child’s best interest. This means judges will initially assume that both parents will share time equally. A common equal time-sharing arrangement is a week-on/week-off schedule, with exchanges taking place on Fridays after school. Some parents may have overnight visits during the other parent’s week. Another common schedule is where one parent has the child(ren) every Monday and Tuesday, the other parent has them every Wednesday and Thursday, and weekends are alternated.
However, just because equal time-sharing is presumed to be in the best interest of the child doesn’t mean the court will automatically order it. There are 20 different factors the court considers in determining what arrangement works best for a family.
Which Parent Gets to Make Major Decisions About Our Children?
A Parenting Plan also designates who will make major decisions regarding the child(ren)’s religion, healthcare, and education. In most cases, unless there is a history of poor decision-making by one parent, these decisions will be made jointly, with both parents consulting on what is best for their child. Some states refer to this as “joint legal custody,” but in Florida, it’s called Shared Parental Responsibility. Florida does not have “physical custody” as a legal term. Instead, we have time-sharing, Parenting Plans, and Shared Parental Responsibility as the primary ways of managing parental rights and responsibilities.
What If I Want Full Custody of My Children?
This situation would likely fall under majority time-sharing or maintaining the child’s primary residence. However, unless there are exceptional circumstances, most children today spend significant time with both parents. Obtaining “full custody” of a minor child is difficult under typical, (and even atypical) circumstances. Having said that, if you feel your situation warrants review, please contact Florida Family Law, PLLC, for a consultation.