Custody

A “parenting plan” is a document created to establish the roles of each parent when it comes to making decisions about your child’s education, health care, and physical, social, and emotional well-being. The parenting plan must:

1. describe in detail how the parents will share responsibility for the daily tasks associated with raising the child;
2. include the time-sharing schedule with specific information about the time that the child will spend with each parent;
3. describe the methods and technologies that the parents will use to communicate with the child, such as email, phone, etc.; 
4. lay out who will be responsible for:
   • any and all forms of health care; Note: If the judge orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child;
   • school-related matters, including which address should be used for determining the child’s school registration; and
   • other activities; and
5. describe the location where the child will be exchanged, unless both parents agree in writing that they don’t want to include a specific location. Note: The judge could require the parents to exchange the child at a supervised visitation program or in the parking lot at the sheriff’s office that has video surveillance, known as a “neutral safe exchange location,” if:
   • there is a risk or an immediate threat of harm to you or your child during the exchange; 
   • it is necessary to ensure the safety of you or the child; and
   • it is in the best interests of the child.¹

In creating the plan, the parents’ relationship, any history of domestic violence, and other relevant factors must be taken into consideration. A parenting plan can be developed and agreed to by the parents and approved by the judge. However, the judge might decide to make his/her own parenting plan if s/he does not approve of the plan agreed to by the parents or if the parents cannot agree on a parenting plan. In these cases, the judge will create the parenting plan after hearing evidence and testimony from both parents.²

¹ F.S.A. §§ 61.13(2)(b); 125.01(8)
² F.S.A. § 61.046(14)