Parental Responsibility

Florida Parenting Plans and Divorce

Florida divorce law requires Parenting Plans for all divorcing couples with child(ren) starting as of October 1, 2008. Florida law has had a strong public policy about child(ren) and divorce for several decades. 

A “Parenting Plan” is a document created to govern the relationship between the parties relating to the decisions that must be made regarding the minor child(ren) and shall contain a time-sharing schedule for the parents and child(ren). The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being.

In creating the Parenting 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 the court or, if the parents cannot agree, established by the court.

 However, the purpose of shared parental responsibility to benefit the child. A deviation from shared parental responsibility would only be justified if it was found to be detrimental to the child. In most cases, in alignment with public policy, it is in the child(ren)’s best interest to keep both parents involved in raising their children.

Shared parental responsibility means that both parents discuss and decide major decisions affecting the child. These are the decisions that have long-term consequences in your child’s life. Some examples involve the choice of:

• School
• Childcare facility
• Camps
• Doctors
• Psychotherapy
• Surgery
• Other long-term medical treatment
• Sports and other out-of-school activities
• Trips and passports

Some additional decision-making areas to consider in your parenting plan include:

• Transportation – How will the children be exchanged between parents? Where will the exchange take place? What happens to the exchange point when school is not in session? Who picks up and drops off the children from school and/or extracurricular activities?
• Relocation – Under what circumstances will one parent be able to move away with the child? (If you do not decide this now, you will have to follow the procedures of Fla. Statute § 61.13001.) See Relocation section for more information.
• Education – What school will the children attend? Whose address will be used for school designation? Who will pay for school supplies, uniforms, and school related events? Do your children attend private or public school? Who will be responsible to pay for the education costs?
• Emergencies – What is the time frame for notifying the other parent in an emergency? What authority does the parent who has the children have to consent to treatment?
• Make-up Time – If one parent is unable to exercise time sharing with the children, under what circumstances will there be make-up time?
• Recreational Activities & Vacations –Which parent will pay for extracurricular activities? Do both parents have to consent to activities in order to reimburse the other parent for the expenses? What is the plan for traveling? How much notice is required to provide the non-traveling parent with information about the trip? Who will hold the children’s passports and who is responsible for paying for the children’s passports?

Parents may want to divide up the areas, each taking responsibility for certain aspects of the child’s life. Some parents prefer to meet and discuss all issues together and reach a joint decision. Others may allow one parent to make the decisions and inform the other parent.

There are no set rules for shared parental responsibility, but the new law requires a description of how the parents will share the daily tasks of child upbringing and time sharing with each parent. It must also describe who is responsible for health care, school matters and activities, and what communication methods the parents will use to contact the children.

At the Law Offices of Alyssa D. Honickman, we take pride in drafting our agreements and Parenting Plans and always place the best interests of the children at the heart of each case.