Legal

Am I Required To Have A Parenting Plan?

Legal

In short, yes.  In Florida, a parenting plan is basically a document that describes what each parent’s relationship will be with their children and how the parents will communicate. In all cases regarding children, a parenting plan is required to be implemented or ordered by the court in the context of the case. The parenting plan can come about by agreement of the parties and approval by the court or it can be wholly decided by the court through a final judgment or court order. At a very minimum, under the law, a parenting plan must include at least the following:

Details on how the parents will share and be responsible for the daily tasks associated with the upbringing of the child.

Time-sharing schedule arrangements that specify the time that the minor child will spend with each parent;

Specifics on who will be responsible for:

Any and all forms of health care. However, most parenting plans must provide that either parent may consent to mental health treatment for the child.

School-related matters, including the address to be used for school-boundary determination and registration.

Other activities; and

Details concerning the methods and technologies that the parents will use to communicate with the child.

The importance of your parenting plan cannot be understated, as it addresses how you will relate with your child or children and the other parent.  Ensuring that you have a parenting plan that accurately reflects your child’s best interests is of paramount importance.  Every circumstance is unique. For more information on parenting plans, please contact us to schedule a confidential consultation with the attorneys at our office in Naples, Florida.

The information provided on law and legal topics is designed for general information only and does not constitute nor should it be considered legal advice. It is not a substitute, nor should it be considered a substitute, for legal advice from a qualified attorney who is knowledgeable about your specific factual situation.

In Florida, the term “parental responsibility” refers to each parent’s role in making the major decisions that affect the welfare of their child. These major decisions may include any of the following:

✓ Schooling

✓ Healthcare

✓ Religious upbringing

✓ Extracurricular activities

✓ Decisions that affect the well-being of the child

Parental responsibility is not the same as time-sharing, although the two concepts often go together. Time-sharing refers to the number and schedule of overnights that children spend with each parent.   While “shared parental responsibility” means having a relationship in which both parents communicate and work together to make these major decisions jointly, it allows both parents to preserve their full parental rights and responsibilities. In Florida, shared parental responsibility is required unless the Court finds that it would be “detrimental to the child.”

“Sole parental responsibility,” on the other hand, grants one parent the exclusive right to make decisions regarding his or her child. The Court is required to order sole parental responsibility if shared parental responsibility would be detrimental to the child.

There are several factors that affect a judge’s decision to order sole or shared parental responsibility or to modify an existing order establishing shared or sole parental responsibility. Every circumstance is unique. For more information on parental responsibility, please contact us to schedule a confidential consultation with the attorneys at our office in Naples, Florida.

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The information provided on law and legal topics is designed for general information only and does not constitute nor should it be considered legal advice. It is not a substitute, nor should it be considered a substitute for legal advice from a qualified attorney who is knowledgeable about your specific factual situation.