WHY ARE PARENTING PLANS CREATED? Parenting Plans are formulated to lay out expectations and avoid conflicts.
Although a plan cannot anticipate every possible occurrence, it will provide a road map that can make the process of sharing responsibility for a child much easier.
Once Paternity is established under Florida law, a Parenting Plan specifically created to meet the needs of the child needs to be created and approved by the court.
The parents should try to cooperate to arrive at an agreement about how the child will be raised and how each parent will participate in the child’s upbringing, however, if the parents are unable to agree, then the Court will step in and create the Parenting Plan for the child and the parents will have to abide by the Courts ruling.
If the parents fail to agree on a Parenting Plan or come up with a plan that the court will not approve, then the Court will step in and establish the Parenting Plan, eliminating a lot of control from the hands of the parents. Therefore, it is in the best interests of both the parents and the child to come up with an acceptable Plan. WHAT WILL THE COURT CONSIDER WHEN COMING UP WITH A PARENTING PLAN - Demonstrated capacity & disposition of each parent to facilitate & encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
- Anticipated division of parental responsibilities after the litigation, including the extent parental responsibilities will be delegated to third parties.
- Demonstrated capacity & disposition of each parent to determine, consider, & act upon the needs of the child as opposed to the needs or desires of the parent.
- Length of time the child has lived in a stable, satisfactory environment & the desirability of maintaining continuity.
- Geographic viability of the parenting plan, with special attention paid to the needs of school-age children & the amount of time to be spent traveling to effectuate the parenting plan.
- Moral fitness of the parents.
- Mental & physical health of the parents.
- Home, school, & community record of the child.
- Reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, & experience to express a preference.
- Demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, & favorite things.
- Demonstrated capacity & disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
- Demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
- Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.
- Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
- Particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation & during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
- Demonstrated capacity & disposition of each parent to participate and be involved in the child’s school & extracurricular activities.
- Demonstrated capacity & disposition of each parent to maintain an environment for the child which is free from substance abuse.
- Capacity & disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, & refraining from disparaging comments about the other parent to the child.
- Developmental stages & needs of the child and the demonstrated capacity & disposition of each parent to meet the child’s developmental needs WHAT YOU SHOULD KEEP IN MIND WITH PARENTING PLANS As long as you and your former spouse remain flexible, respectful, and keep the best interests of your children at the heart of the discussion, the two of you can create a solid parenting plan. For assistance in putting together an agreement that will help your children thrive after the divorce and let both parents stay involved and active in their lives, contact Jarbath Pena Law Group.