Legal Guidance for Crafting Parenting Plans in Treasure Coast, FL
Orders & Modifications of Parenting Plans
If you are seeking a dissolution of marriage and you have children together, you will need to work out a custody agreement and parenting plan. A parenting plan is an outline of how you and the other parent plan to divide up time spent with your child(ren). Even if you think you have reached a mutual agreement regarding custody issues, you still need to file a formal parenting plan with the court. For that reason, it’s important to hire a family law attorney who focuses on custody issues and parenting plans in Palm City, FL. Michael Todd Rebuck, PA has decades of experience in matters of family law and can file and request modifications of approved parenting plans in Florida. Call us today to schedule a free consultation to discuss your parenting plans and divorce.
Understanding Parenting Time and Parenting Plans
Under Florida law, when parents are divorced or separated, parenting time refers to the time the child spends in the care of the primary or secondary parent. Typically, when working out the details of your dissolution of marriage, you will also try to come to an agreement regarding parenting time and shared custody. It will be easier to reach an agreement when you have the assistance of an experienced family law attorney who can guide you through the process and ensure the child’s best interests are considered, your needs are met, and the process is as stress-free as possible. A parenting plan is required in all cases that involve time sharing with minor children, even if there is no dispute as to the details of the time sharing. The parenting time must be agreed to by all parties, and an approved parenting plan will be entered by the court.
Examples of Parenting Plans
Approved parenting plans in Florida must meet the Custody and Visitation Guidelines Committee of the Family Law Advisory Group. Your attorney will have resources that outline these guidelines and help you assess your parenting plan and ensure it meets the needs of your child(ren). At a minimum, the parenting plan must outline:
- How the parties will share custody of the child(ren) and maintain responsibility for daily tasks associated with upbringing and care.
- The time-sharing schedule, specifically the time that the minor child(ren) will spend with each parent.
- Who will be responsible for health care, school matters, extracurricular activities and special interests, and transportation?
- The methods and technologies with which the parents will communicate with the child(ren).
- How time will be split into holidays, school breaks, birthdays, and other events that are important to either parent.
- How conflicts will be resolved amicably and with the child’s best interests in mind.
- How religious services or observances will be handled.
- How parents will handle vacation and travel plans.
- How they plan on communicating about or making temporary, minor adjustments to the parenting plan.
- How parents will agree about decisions made with regard to the child(ren)’s physical appearance.
- The introduction of significant others to the child(ren).
Modifying a Parenting Plan in Florida
Like other elements of a divorce case, either party can request or petition the court for a modification of a parenting plan. If you or the other parent has a significant change in circumstances, you can file a petition for modification of the parenting plan. If parenting time is altered, you may also want to file a request for child support modification.
Protecting Parental Rights and Children’s Best Interests
Hiring an attorney who focuses on family law matters, divorce cases and parenting plans in Florida will protect your parental rights and your child(ren)’s best interests. Your attorney will work closely with you to evaluate your needs, goals, lifestyle, and your child(ren)’s needs, goals, and lifestyle. They will also work with the other parent or their attorney to reach an amicable agreement regarding parenting time, custody, and child support.
Shared Parental Responsibility & Parenting Plans in Divorce
Shared parental responsibility refers to the fact that under the law, both parents retain full parental rights and responsibilities of care for their child(ren) and should confer or agree on decisions affecting their welfare. This includes decisions related to medical, religious, and education issues. The court may order, or the parents may agree, that one parent has primary responsibility over certain aspects of the child’s welfare. These responsibilities can also be divided up in any other way that makes sense to the parents and is in the best interests of the child.
Choose Michael Todd Rebuck, PA for Approved Parenting Plans
Michael Rebuck has decades of experience in family law. He and his team are committed to helping their clients navigate the complexities of divorce, custody, child support, and parenting time issues. He routinely goes above and beyond for his clients and is a trusted provider of legal services in the Treasure Coast area. In addition to parenting plans, we also focus on divorce, alimony and spousal support, child support, paternity, contempt/enforcement, adoption, domestic violence, separations, annulments, and modification/temporary relief of legal agreements.
Frequently Asked Questions:
A parenting plan for divorce remains in effect until your child reaches the age of majority, which is 18 years old in Florida. However, there are some important exceptions to consider. If your child is still in high school when they turn 18, the parenting plan may continue until they graduate. Additionally, if your child has special needs or disabilities that require ongoing parental support and decision-making, the court may extend certain aspects of the parenting plan beyond the typical age limit. Once your child reaches adulthood, they have the legal right to choose where they want to live and spend their time. The time-sharing schedule outlined in your parenting plan no longer applies, though child support obligations may continue in certain circumstances.
Yes, once the court approves your parenting plan, it becomes a legally binding order that both parents must follow or be held in contempt of court. The court-approved parenting plan outlines specific details about time-sharing schedules, decision-making responsibilities, holiday arrangements, and communication methods. Both parents are legally required to adhere to these terms unless they mutually agree to temporary modifications or petition the court for formal changes. Minor, temporary adjustments can sometimes be made by mutual agreement between parents, but significant changes to the schedule or terms require court approval through a modification of parenting plan petition.
When one parent consistently violates the terms of a court-approved parenting plan, the other parent can file a motion for contempt of court. Florida courts take these violations seriously, as they disrupt the child’s stability and undermine the legal process. Consequences for not following a parenting plan may include:
- Fines or monetary penalties
- Additional parenting time awarded to the compliant parent
- Mandatory parenting classes or counseling
- Supervised visitation for the violating parent
- In extreme cases, modification of the parenting plan
If you have minor children together under the age of 18, you cannot finalize your divorce in Florida without a parenting plan. This requirement exists regardless of whether you and your spouse agree on or have disputes about time-sharing. Even in uncontested divorces where both parents are in complete agreement about visitation, Florida law mandates that a formal parenting plan be filed with and approved by the court. The plan must meet specific state requirements and address all necessary components, including time-sharing schedules, decision-making responsibilities, and communication protocols. The court will review your proposed parenting plan to ensure it serves the best interests of your children. If the plan is incomplete or doesn’t meet Florida’s standards, the court may require revisions before approving your divorce.
Modifying an existing divorce parenting plan requires demonstrating a substantial change in circumstances that affects the child’s best interests. While modifying a parenting plan is possible, the process requires careful preparation and often benefits from a parenting plan attorney. To successfully petition for a modification of the parenting plan, you must show that circumstances have significantly changed since the original plan was created. Examples might include:
- A parent’s relocation to a different city or state
- Changes in work schedules that affect time-sharing
- A child’s changing needs as they grow older
- Safety concerns or substance abuse issues
- Remarriage or new relationships that impact the child
Schedule a Consultation With Our Divorce Attorney
Call us today or contact us online to schedule a free consultation with our divorce attorney in Palm City, FL. Michael Todd Rebuck, PA can handle all matters of family law and has decades of experience in drafting, filing, and requesting modifications of parenting plans in divorce cases or custody issues. Michael and his team work to ensure that the needs of the child(ren) are met and that the parties can come to a consensus regarding care.