Parenting Plans
- Feb 24
- 3 min read
Under Florida Statute 61.13(2)(b), the court establishing a parenting plan must at a minimum address: details regarding the responsibilities of each parent regarding daily tasks; time-sharing schedules; responsibilities of each parent regarding healthcare, school matters, and other activities; details regarding the "methods and technologies" parents use in communicating with the child; and, where warranted, designated locations for pick up and drop off of the child. While there are certain instances where shared parental responsibility would be detrimental to the child, there is a rebuttable presumption that equal time-sharing is in the best interests of minor children. Furthermore, the public policy of Florida is that each parent has frequent and continuing contact with minor children.
During a pending dissolution (divorce) or paternity case, a temporary order may be entered regarding the parenting plan. This temporary order sets the boundaries of the parties until it is modified by the court, or a final order is entered. Once the parenting plan has been established by final order, modifying the parenting plan can only be accomplished by showing a substantial and material change in circumstances and determination that modification is in the best interests of the child. This is a legal standard that must be evaluated by the court on a case-by-case basis.
What happens if a parent interferes with time-sharing?
When there is an interference with time-sharing, the specifics of each case must be reviewed and interpreted by the court to determine an appropriate response. There can be adverse consequences that result from a parent interfering with the right of the other parent to have frequent and continuing contact with minor children if there is no legal reason for the interference. The parent who has interfered with the time-sharing rights of the other parent is sometimes referred to as the noncompliant parent; whereas the parent who experienced an interference of their time-sharing is called the nonoffending parent. If a parent interferes with the time-sharing of another parent, that may warrant seeking temporary relief or even pursuit of contempt charges. Having an attorney to aid you in addressing any interference can be extremely important for a successful outcome.
Is interference in time-sharing an emergency?
The short answer is no. While each case is evaluated based upon the specific facts of that case, emergency motions are typically reserved for those circumstances where the court’s failure to act will result in a direct physical, mental, or emotional harm to the child that is long-lasting. As stated before, all matters related to children are evaluated based upon the best interests of the child.
What if the children have a preference?
There are times when children express an explicit desire to live with one parent or have no contact with the other parent. The court may take into consideration the children’s desires, but that is just one factor among many that must be measured in establishing a parenting plan. The preference of the child is not given greater weight in the court’s examination of the case with respect to setting a parenting plan. The court recognizes the delicate emotions that are involved in family law cases, so the desires of the children will be examined with those emotions in mind.
Conclusion
Each case will be evaluated based upon the specific facts presented and the parties involved. There is no one-size-fits-all approach to establishing a parenting plan, but courts base their orders on the best interests of the child. While temporary orders are entered during the pendency of a case, a final parenting plan will be ordered at the conclusion of the case. The modification of a final order will require showing a substantial and material change in circumstances, and the court's determination that modification is in the best interests of the child. Obtaining an attorney to help you navigate your family law case with children is important to a successful resolution.
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