Child Custody
Florida courts will no longer be awarding child custody and visitation to parents after October 1, 2008. Instead a parenting plan which the parents agree to (or which is imposed by the court) will govern parenting time after the divorce. Reflecting a nationwide trend toward co-parenting, Florida family courts will now presume that both parents will share parental responsibilities.
Several factors have changed, many of which will have an impact on families. At Anne E. Raduns, PA, we are familiar with Florida's new parenting plan laws, and can help families who are making important decisions regarding the custody of their children.
To meet with a family law attorney in a low cost initial consultation, please contact us online or call our Ocala, Florida law office at (352) 840-9660).
The New Florida Law Requiring Parenting Plans in Divorces with Children
In the past, it was common in divorce for one parent to be awarded primary physical custody of the children. The other parent was typically awarded visitation time. The terms custody and visitation no longer apply to parenting time in Florida. As of October 2008, the time each parent will spend with the child and the duties each parent will assume will be detailed in a parenting plan.
The parenting plan can be brought to the court in the following ways:
- With the agreement of the parties
- By or on behalf of one of the parents
- Established by the court
There can also be Final Parenting Plans, Temporary Parenting Plans, and Modification of Parenting Plans established by the court. The Parenting Plan is essentially a child custody determination. The Parenting Plan will include a Time-Sharing Schedule, and will designate with whom the child or children will spend the majority of time. We Understand the New Parenting Plan Laws
A parenting plan is an entirely new way of dealing with child custody issues and it is very important that you speak with an experienced family law attorney before attempting to tackle them alone. Anne E. Raduns, PA has been planning for the new law and are familiar with the proper documentation which is now required for submitting a parenting plan to the courts.
If you have questions about a Florida parenting plan, or determining a time sharing arrangement, contact us for a low cost initial consultation. Call us at (352) 840-9660)
Creating A Parenting Plan:
A parenting plan is an agreement between parents who are divorcing or never married, and it outlines the custody of their children. It takes into account arrangements such as who has the children on which days; who makes major decisions about the children's education, health, etc.; and what to do if any party's situation significantly changes. Parents who agree on a parenting plan rather than let the court decide are more likely to comply with custody arrangements.
The goal is to craft a parenting plan that is specific yet flexible. This creates a workable system for dividing responsibilities so that the plan can function whether parents get along well or not. Our office will create a plan that includes rules requiring each parent to treat the other with respect when the children can see or hear you. Also as important, determine a process for resolving conflicts and build in periods of review and adjustment — usually after the first year and then every two or three years thereafter.
The court will review your parenting plan to see that it fulfills the best interests of the children. Typically, courts go along with plans to which both parents have agreed.
Items That Should Be Included in Every Parenting Plan
Visitation/shared parenting schedules:
- Use a regular calendar and a school calendar to plan for school breaks, holidays and summer vacations.
- Define when holidays start and end.
- Remember to include days like Mother's Day/Father's Day and birthdays.
- Create a formula for anticipatable events that will work for the first one to two years of the plan's life.
- Don't forget to include drop-off and pick-up times and locations.
- See that both parents have access to medical records, school records, teachers and activities.
- Make sure both parents have the right to make emergency medical decisions
Even though the law has only recently changed, we have drafted many Parenting Plans for our clients. We can draft your custom Parenting Plan that addresses all appropriate custody issues, call for a low cost initial consultation with Anne E. Raduns.