Parenting Plans in Florida
Starting October 1, 2008, Florida law regarding parents and their minor children changed. If your court case was filed before October 1, 2008, then you should discuss with an Orlando family lawyer if the new laws effect you and your family.
The new laws no longer talk of primary residence or designating one parent the primary residential parent. Instead, the family court is asked to approve, grant or modify a parenting plan.
What Is a Parenting Plan?
A parenting plan governs the relationship between the parties relating to the decisions that must be made regarding the minor children and shall contain a time-sharing schedule for the parents and children. The issues concerning the minor children may include, but are not limited to, a child's education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parties, including the parties' historic relationship, domestic violence, and other factors must be taken into consideration. The parenting plan shall be developed and agreed to by the parents and approved by a court or, if the parents cannot agree, established by the court.
Any parenting plan approved by the court must, at minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the children, the time-sharing arrangements that specify the time that the minor children will spend with each parent, a designation of who will be responsible for any and all forms of health care, school-related matters, other activities, and the methods and technologies that the parents will use to communicate with the children.
The court's primary consideration in setting the parenting plan is the best interest of the minor children. The court still has the authority to order sole parental responsibility to one parent if it is in a child's best interest.
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