When parents separate or divorce in Florida, the court does not simply decide that children will live with one parent and visit the other. Florida law requires a detailed, court-approved Parenting Plan that addresses every aspect of how parents will share responsibility for their children.
What Is a Florida Parenting Plan?
A Parenting Plan is a written document required in every Florida family law case involving minor children — whether the parents are married or unmarried. It describes how parents will share time with the children and how decisions about the children’s lives will be made. The Parenting Plan must be approved by a judge before it becomes enforceable.
What Must a Florida Parenting Plan Include?
• A detailed time-sharing schedule — specifying when the child will be with each parent on regular school days, weekends, holidays, school breaks, and summer
• Designation of the primary residence for school enrollment purposes
• How parents will share parental responsibility — decision-making authority for major decisions about education, healthcare, extracurricular activities, and religious upbringing
• How parents will communicate with each other about the child
• How parents will communicate with the child when the child is with the other parent
• Transportation arrangements for exchanges
• A process for handling schedule changes
What Is the Difference Between Timesharing and Custody?
Florida law replaced the terms ‘custody’ and ‘visitation’ with ‘timesharing’ and ‘parental responsibility.’ Timesharing refers to the schedule of when the child is physically with each parent. Parental responsibility refers to decision-making authority. Florida courts prefer that parents share parental responsibility — meaning both parents participate in major decisions — unless circumstances make shared responsibility detrimental to the child.
Can a Parenting Plan Be Modified?
Yes — but only if there has been a substantial, material, and unanticipated change in circumstances since the original plan was approved. Courts apply this standard carefully. This is why it is important to get the Parenting Plan right from the beginning rather than relying on modifying it later.
What If Parents Cannot Agree on a Parenting Plan?
If parents cannot reach agreement, the court will impose a Parenting Plan after a hearing. Each parent may present evidence and arguments. This is one situation where uncontested representation is no longer available — contested custody matters require full litigation representation.
Important: Attorney Irizarry represents one party only. The other party is encouraged to seek independent legal counsel.
Have Questions? We Can Help.
Attorney Erica Irizarry offers free, confidential consultations for all family law matters. Call 656-206-0609or complete our online intake form to get started today.
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