Florida divorce law requires a parenting plan to be filed with the Florida family law court when a marriage involving minor children is being dissolved. The parenting plan outlines the child custody arrangement between the two parents. The plan should include which parent will be responsible for the child’s healthcare, school functions, daily tasks, and which parent will have custody on specific days. If the parents are unable to come to an agreement, a Florida family law court will step in and dictate the terms of the parenting plan.
When a court determines a parenting plan their primary objective is to further the best interests of the child. In determining the best interest of the child the court will consider many factors such as:
- The child’s preference
- Mental and physical health of both parents
- Any prior domestic violence allegations or charges
- Relationship the child has with each parent
- The parent’s ability to provide a stable living situation for the child
- The geographic location of each parent
- The parent’s work schedules
A court will grant shared parental responsibility (joint custody) unless the court determines that it will be detrimental to the child’s interests. Under Florida child custody law, a child’s welfare and support is the responsibility of both parents, regardless if the parents were never married, are still married, or have divorced. Therefore, parents that were not married must still file a parenting plan with the court.
Speak To a Child Custody Attorney in Tampa
The court will award custody based on the best interest of the child, and it is up to your attorney to prove to the court that your parenting plan is in the best interest of the child. The child custody attorneys at Florida Law Advisers, P.A., know what courts consider when evaluating the best interest of the child and are skilled advocates. We can help you draft a parenting plan and persuade the court that your plan is in the best interests of the child.
We understand how important child custody matters are to our clients and we work tirelessly to help ensure our client’s goals are attained. Please do not hesitate to contact us if you have questions about your child custody rights or for more information about our team of professional family lawyers in the Tampa Bay area.
Frequently Asked Questions
Florida law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the judge’s primary focus will be to find what is in the best interest of the child. Therefore, you will need to prove it is in your child’s best interest for you to have full custody.
Florida custody law can require parents who want to move more than 50 miles away to either obtain consent from the other parent or the judge assigned to the case. Failure to obtain approval from the other parent or court before relocating can result in contempt of court and sanctions being issued.
In Florida child custody & divorce cases, the court will require the parents to submit a parenting plan for judicial approval. The parenting plan outlines how the parents will share the responsibilities and decision-making authority for the children. Once the parenting plan is ratified by the court it becomes a legally binding court order.
Minor children do not have the authority to decide which parent they will live with. The child’s preference can be a factor the judge considers but will not be dispositive. Instead, the judge will review all the details and decide the case based on the child’s best interest.