What Factors Should I Consider When Creating a Parenting Plan During Divorce Proceedings?

Well-designed parenting plans set the stage for successful co-parenting.

The preeminent factor in a Florida parenting plan is the best interests of the child, as opposed to the best interests of the parent. This principle is rather vague and can mean different things to different people at different times. Therefore, several factors, some of which are discussed below, flesh out this idea. In this specific context, both parents usually want what is best for their children. Frequently, however, the parents disagree about the provisions in a parenting plan.

Since this principle is so vague, both parents have important legal rights when it comes to parenting plan design. So, both parents need an assertive Florida family law attorney to protect these rights. Frequently, the judge also appoints guardian ad litem to stand up for the best interests of the children, especially in contested cases. Usually, if the lawyers and parties agree on a parenting plan, the judge will approve it without holding a hearing.

Status Quo

Most people file divorce petitions after they’ve been separated for a period of time, ranging from weeks to years. During that time, they’ve established a parenting time pattern of possession periods, pick-up/drop-off times, decisions on important issues (e.g., what doctor the children see), and other child-rearing matters.

Divorce is such a tumultuous time for children that if the current system is working, even if it is not perfectly working, it is better to leave well enough alone.

Usually, when informal parenting time plans are reduced to black and white, they work better. Both parents are fully aware of their obligations, and one parent cannot unilaterally change the parenting plan.

Incidentally, that is the best reason to work with a Florida family law attorney when a parenting plan, or any other component of a divorce settlement, needs modification. Informal side agreements, even written ones, are unenforceable in family court.

Parent’s Preference

Some parents prefer to be weekend parents with limited roles. That does not make them bad parents. That makes them honest parents, and more honesty is needed in the world. Other parents do not have the temperament or physical ability to deal with children on a full-time basis, especially without a partner to share the load. Once again, these people are honest parents, not bad parents.

Many parents directly express a preference during settlement negotiations. Other parents expressed a preference without knowing it. If Mom took little interest in soccer games and piano practices during the marriage, she most likely would not be a good residential custodian after the divorce.

Trial Avoidance

There is a saying among Florida family law attorneys that if the less-equipped parent is the residential custodian, that is better than a trial. This aphorism certainly is not true in all cases, but it is true in most cases. Emotional courtroom showdowns leave deep, lasting wounds for parents and especially children. Furthermore, settlement agreements are empowering. If parents work out their differences once, they are better able to do it again when disputes arise later.

Child’s Preference

This factor could be relevant in some cases. However, many children do not want to express a preference and pick sides. Furthermore, there is a presumption that a parent coerced the child into expressing a preference. Nevertheless, if a child freely and voluntarily expresses a preference, the court may take that choice into consideration, regardless of the child’s age.

Reach Out to a Compassionate Hillsborough County Family Law Attorney

Divorce and family law matters involve both financial and emotional issues. For a confidential consultation with an experienced family law attorney in Florida, contact Carman & Finegan, P.A. Convenient payment plans are available.