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What is a Parenting Plan in an Orlando, Florida Area Divorce or Custody Case?

A parenting plan in an Orlando, Florida area divorce or custody case is statutorily defined as a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child. In creating a parenting plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors, must be taken into consideration. 

Florida Statutes on Parenting Plans

A court’s authority to approve, grant, or modify a parenting plan is conferred by Florida Statute 61.13(a). Florida 61.13(2)(b) sets out minimum required contents for all parenting plans, including time-sharing schedule arrangements that satisfy the time the minor child will spend with each parent. 

Florida Statute Chapter 61 mandates that the best interest of the child shall be the primary consideration in crafting the parenting plan. Accordingly, while a court may approve a parenting plan developed and agreed to by the parents, the court retains the discretion not to approve such a plan and instead to develop its own plan. 

Florida Statute Section 61.13(3) gives a non-exhaustive set of factors that a court must consider in discerning the child’s best interest. A catch-all provision allows the court to consider any other factor that is relevant to the determination of a specific parent plan, including the time-sharing schedule. Ultimately, the determination of best interest of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family. 

Modifications to Parenting Plans

A court has the authority to modify a previously ordered parenting plan. But a Modification is not permitted without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interest of the child. 

If you have more questions regarding a Marital and Family Law matter such as a Parenting Plan, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.