Creating and Maintaining a Parenting Plan
A parenting plan is an agreement by co-parents regarding the rights and responsibilities each parent has with regard to raising their shared minor children. Many states, including Florida, either have adopted or are moving toward a “shared equal custody” model, which is why this Sample Parenting Plan is based upon equal, 50/50 parenting time.
For divorcing couples with children, Florida usually requires that a parenting plan to be filed with the court, along with a marital settlement agreement. One of the reasons for this is to help reduce court time in the case of conflict between the parents. Even if you aren’t married, it’s a good idea to agree on and file a parenting plan anyway. The best thing you can do for your children is to give them parents who can collaborate respectfully, without unhealthy conflict. A well-written, comprehensive parenting plan acts as a “tie breaker” in case of disagreement between the parents.
If you are having trouble …
If you are struggling with coming to an agreement with your coparent about issues related to timesharing or your parenting plan, the quickest way to resolve it may be to consult with a coparenting or divorce coach. Your coach will be able to refer you to a financial neutral for consultation, if necessary, and/or refer you to a family mediator, if necessary. Using a collaborative process — rather than going to court — to reach agreements can often save a great deal of time and money. Most importantly, collaborating with your child’s other parent can prevent animosity between the parents, which results in less tension and less chance for the children to be pulled in the middle of parental conflict.
Do I have to hire an attorney?
That decision is up to you. Hiring an attorney has the advantage of a legal professional taking care of the details for you, and ensuring that you don’t miss anything. Your attorney would be contracted to look out for your best interests, and it offers peace of mind to some people to allow legal counsel to negotiate, advocate, and file paperwork on their behalf.
You may instead choose to independently work out an agreement with your coparent, and file the paperwork yourself. Research is showing consistent increases in self-represented parties in family court, particularly when the case will be settled by negotiation or mediation, and without trial. “Pro se” means “in one’s own behalf.” Choosing to file pro se has the advantage of saving money, retaining control, and possibly decreasing animosity, competition and bad feelings between the parents. Like many states, Florida has a number of resources available for parents who choose to represent themselves (self-represented litigants).
Resources for persons serving as their own attorney in Florida:
Pro se resources for Florida Family Courts
Guide to navigating Florida’s court system
Florida efiling: Instructions and Portal.
Parenting plan: Document detailing custody for Florida children of divorced parents
Marital settlement agreement: Document for filing for divorce with children in Florida
What about mediation?
A Florida Family Law mediator can assist you and your coparent with reaching agreement on any item in dispute. Common areas of disagreement among coparents include how to manage holidays; school placement; travel; child support; and alimony.
How do I file a written Parenting Plan with the court?
You may make adjustments, according to your individual needs, to the Sample Parenting Plan, and then file it as an “exhibit,” replacing sections 4-16 of this document.
© Florida Family Options, Inc, 2019
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