What Should a Stellar Parenting Plan Include?

Every paternity action or divorce involving minor children in Florida must establish a Parenting Plan. But what exactly is a Parenting Plan and what should a good one include? A parenting plan is a legally binding document that governs all rules that the parties must follow regarding parental responsibility and time-sharing in all child-related matters. Parties can establish a Parenting Plan through agreement (usually following negotiations or a formal mediation), or by presenting evidence at trial, resulting in a court order by the Judge. All terms and conditions in the resulting Parenting Plan must be in the children’s best interests.

Florida Statute §61.13(2)(b) provides a basis for what a court established or a court approved Parenting Plan must contain:

1) a description in adequate detail of how the parents will share and be responsible for the daily tasks associated with the upbringing of the child.

2) a time-sharing schedule that specifies the time the child will spend with each parent.

3) A designation of which parent (or both) will be responsible for healthcare, school-related matters, and other activities.

4) A detailed description of the methods and technologies each parent will use to communicate with the child.

5) The location of exchange of the child for time-sharing purposes.

These provide what, at a minimum, needs to be included for a valid parenting plan, however it’s important to understand that a parenting plan can be as detailed as the parties want to make it. Often times, having a detail oriented plan can avoid future uncertainty and ambiguity and reduce the risk of parties rushing back to court to litigate issues. Parties should keep in mind that as the children grow, the plan should grow with them. Children may not be school aged at the time the Parenting Plan is prepared, but a stellar parenting plan will plan for and address issues ahead of time. Good parenting plans include specification of how the co-parents will communicate with each other, details regarding travel and transportation, choice of activities and payment for extra-curricular activities, which parent’s address will be used for school zone purposes, detailed holiday time-sharing plans (including holidays and events that may be important to your specific family), and a procedure for vacation travel and planning with the children. You should discuss your family’s specific needs with your attorney to establish a Parenting Plan that works the best for you.

Contact Cody Law in St. Augustine Florida if you’d like help navigating a Florida family law issue and designing a parenting plan that addresses the needs of your family.

Double Edged Sword: When a Parent Withholds Time-Sharing

Emotions almost always run high during a divorce or other family law action, especially when child custody is involved. Florida has two elements that make up custody: Parental Responsibility and Time-Sharing. Time-sharing means how many overnights each parent has with the minor children. Recent law changes in Florida mean that the court now starts with the presumption that equal time-sharing is in the best interests of the child. In order to overcome the presumption of “fifty-fifty” a parent must show by a preponderance of the evidence that an equal time-sharing plan would not be in the child’s best interest. But what if there is no court ordered time-sharing in place yet? Can one parent unilaterally withhold a child from the other? Can doing so backfire?

When no time-sharing order exists, typically both parents have equal rights to the child and may both spend time with the child, even if the child is living primarily in the marital home with one parent. While this sounds simple in theory, it often leads to complex and messy situations if both parents are not willing to co-parent pending a formal order. Until a formal order is entered, there is no clear benchmark for who makes decisions, when and where children should be on each day, or what to do if parents disagree. This often leads to one parent withholding the child from the other, sometimes out of retaliation, confusion, or fear. In reality, often one parent has been the primary caretaker and day-to-day decision maker and may, by default, end up making unilateral decisions for the children while the case is pending. Courts often view withholding a child from the other parent as problematic and potentially harmful.

In some circumstances, for instance where there are immediate concerns for a child’s safety, temporary withholding might be defensible. However the actions should be followed by prompt formal legal action. If the witholding is simply based on personal conflict or retaliation by a parent it will likely not be excused by the court. Under Florida’s best interest factors, maintaining ongoing contact with both parents is a priority, absent any serious safety concerns, any interference with that could backfire, leading to various consequences, including:

• Court ordered make-up time

• Loss of credibility in future proceedings

• Court-ordered parenting education

• Court ordered therapy

• Denial of shared parental responsibility

• Potential loss of timesharing on a permanent basis by the withholding parent

Withholding time-sharing is a double edged sword and it is recommended you seek the guidance of an attorney before making a decision to unilaterally withhold time. Obtaining a temporary time-sharing order while your case is pending can protect both parents and offer consistency and stability for the child. Once a formal time-sharing order is entered, both parents have the ability to enforce the order should conflict arise.

What Can I do if the Other Parent is Withholding Our Child?

If the other parent is preventing you from time-sharing, there are several protections available under Florida Law, including:

• Enforcement of an existing parenting plan

• Contempt

• Request for make-up time-sharing

• Petition to establish a permanent or temporary time-sharing plan

• Petition to modify

In the meantime it is important to document all missed time-sharing exchanges, text messages, voicemails or e-mails denying time-sharing, all notes on your attempts to exercise time-sharing, and any other relevant potential evidence.

Having the guidance of counsel is important when it comes to child custody. Your attorney can help you get your message across to the judge, present crucial evidence, negotiate on your behalf and prevent mistakes in judgment while awaiting an order. If you are dealing with the other parent withholding time-sharing from you or if you believe withholding may be necessary, it is important to speak with an attorney right away. Contact Cody Law to discuss your individual situation and see if a legal remedy is available to you.