Parental responsibility: Establishing a parenting plan

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In a divorce settlement, Florida law dictates that the court will rule on matters such as custodial rights and child support in order to ensure the long-term security and well-being of any children from the union. Previously, this blog covered how the factors that the court reviews to determine a child’s best interests. Now, we’ll discuss the parenting plan – a document that establishes the specific details of parental responsibility after a marriage is dissolved.

According to Statute 61.13, a parenting plan is legally required to perform the following function:

  • Designate which parent is responsible for any and all necessary health care
  • Detail how daily tasks related to child​ rearing will be shared between parents
  • Determine school-related matters, such as the address that will determine a child’s district and arrangements for extracurricular activities
  • Establish the methods of contact between a child and both parents, including the forms of technology used (cell phone, email, etc.)
  • Specify the time a child will spend with each spouse

To be approved by a court, a parenting plan must include these details “at minimum,” though further instructions may be included as necessary for clarity. A Miami divorce lawyer can help you ensure the minimal requirements for this plan are met.

After a parenting plan has been drafted and approved, the circuit court that rules on the matter, or a court in the county where the child resides, has the ability to modify the agreement if there is “a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child.”

If you’re filing for divorce in Florida, you may have concerns about the appropriate arrangement for your child. For a Miami divorce lawyer who will put the needs of your child first, contact Scott A. Ferris, Esq. at 305 670-3330.