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, and 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 who were not married must still file a parenting plan with the court.
In the complexities of child custody and parenting plans, having an expert by your side is crucial. The child custody attorneys at Florida Law Advisers, P.A., are dedicated to protecting your parental rights and ensuring the best interests of your child are at the forefront.
Speak To a Child Custody Attorney in Florida
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 Florida.
If you need a family law attorney in Tampa, you can visit our office to get more information.
Frequently Asked Questions
Yes, Florida law requires both parents to attend a parenting class for all divorce and custody cases involving minor children. The course is scheduled to last 4 hours and is intended to educate parents on how to communicate with each other and effectively co-parent.
If there is an agreement on the terms of custody it will speed up the court process. If parents agree on the terms of the parenting plan, the judge will typically ratify their agreement. Usually, a judge will only interfere if the terms conflict with Florida law or policy.
A motion for contempt may be used against a parent who does not follow the parenting plan. If granted, the judge can impose financial penalties and modify the parenting plan to account for the violations.
Paying child support does not necessarily also include child custody rights. If the other parent is withholding custody, you may need to file a petition to establish parenting plan. When deciding custody, the judge will review all the details of the case and award custody based on what is in the child’s best interest.
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.
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.