A divorce can be a traumatic experience for any couple. When children are involved, the transition is even more difficult. For many children, the stress caused by watching their parents fight over child custody can be overwhelming - the child may feel like a pawn and may begin to act out or engage in self-destructive behavior.
To help minimize these risks, the State of Florida allows parents to agree on a parenting plan instead of fighting over child custody in court.
What Is a Parenting Plan?
A parenting plan is a comprehensive document that outlines all aspects of the child custody arrangement. It provides a comprehensive description of the couple's parenting arrangement as it relates to the following areas:
- Custody and visitation of the children, including a detailed time-sharing arrangement for holidays and school breaks
- How the parents will share the ordinary responsibilities associated with raising their children, as well as specialized needs such as health care, education, extra-curricular activities and vacation
- How the parents will communicate and share information relating to the children
- How the parents will communicate with the children during the other parent's parenting time
- How to handle disputes or disagreements over the parenting plan
The Florida Supreme Court has developed a fill-in form for parenting plans. However, seek the advice of an experienced Florida family law attorney to make sure the parenting agreement is drafted correctly.
A parenting agreement must be filed with the court and approved by a judge. Judges will approve parenting agreements only if they find that the compromise is in the best interests of the child.
What if My Spouse and I Can't Agree?
If spouses can't agree on a parenting plan, the court will resolve all child custody issues. The courts will choose a child custody arrangement that is in the best interests of the child. In doing so, the judge will weigh many factors including:
- Each parent's demonstrated capacity as a parent
- The desirability of maintaining stability in the child's living arrangement
- The parents' moral fitness and mental and physical health
- Any evidence of domestic violence, abuse, abandonment or neglect
- Whether the child, if he or she is old enough, has a preference about where to live
If you are going through a divorce, know that there is hope. Contact a Florida family law attorney who can guide you through the process.
