What is a Parenting Plan?

Parenting plans determine where children of unmarried parents spend their time.

A parenting plan is the new, preferred term for child custody. Florida no longer has a joint custody law, which classifies parents as managing and possessory conservators. Instead, Florida, like most other states, now has a co-parenting law. Absolute terms, like managing and possessory, do not fit the co-parenting model, which encourages mutual parental involvement. Additionally, Legalese words like managing and possessory are hard to understand and do not translate well into non-English languages.

The nuts and bolts of parenting plans have changed, but the overall principle is unchanged. Parenting plans must be in the best interests of the children, which is usually different from the best interests of the parents. A good Sarasota family law attorney takes all these principles and rules into account when drafting a divorce or other family law settlement agreement. Only then will the judge approve the proposal. Only then will the parenting plan benefit children and adults alike.

Initial Determinations

Despite the new theme, Florida’s family laws have not changed much in this area. The traditional every other weekend and every other holiday parent plan is still the preferred model in most cases. Although the law has changed the verbiage, one parent must still be “the boss” and have the right to make important decisions, such as the child’s residence. A number of factors go into this determination, such as:

• Child’s preference,
• Parents’ willingness to assume primary caregiver responsibilities,
• Child’s special needs,
• Parents’ disabilities, if any,
• Child’s special needs, and
• Child’s relationship with stepparents and stepsiblings, if any.

In contested cases, a judge usually commissions a social services investigation. A licensed social worker, usually a state social worker, reviews the case, interviews the people involved, gathers other evidence, and submits a written recommendation to the court.

This recommendation is not technically binding. However, for a Sarasota family law attorney, a favorable social worker recommendation is often the cornerstone of an initial determination or subsequent modification case.

In addition to the traditional model mentioned above, some non-traditional parenting plans are available. Extended weekend visitation is a good example. Weekends begin on Thursday and end on Monday. This simple change brings the parenting time distribution much closer to 50-50.

Subsequent Modifications

Initial parenting plans are based on a snapshot of the facts and circumstances at that time. These facts and circumstances inevitably change. If that change is material, permanent, and unexpected, a modification is necessary. Let’s look at these components individually.

A material change is usually an informal residential change. A shift in the visitation pattern (e.g., Susie spends more and more time with Dad) is usually a material change as well. The child’s welfare could be an issue as well. If Dad marries a woman with a domestic violence record, that relationship could affect the parenting plan.

Permanent changes are, quite simply, not temporary. Children are clever. They quickly learn that if they fight with Mom, they can move in with Dad, and vice versa. No black line separates temporary and permanent changes.

Unexpected parenting time plans usually relate to the parent’s good faith, if any. Children are clever, and parents are clever too. They quickly learn how to manipulate their children. For example, Dad might let Susie stay up later so she spends less time at Mom’s house.

This pattern, which is called Parental Alienation Syndrome, is dangerous. If one parent drives an emotional wedge between the child and the other parent, that emotional damage is usually permanent. So, if you see signs of PAS, such as granting special favors or making disparaging remarks, reach out to a Sarasota family law attorney immediately.

Reach Out to a Sarasota County Paternity Attorney

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