Question:   What is a parenting plan?  I was told that there was a change in Florida regarding custody and visitation.  I am asking because my Husband and I are getting a divorce and we have two minor children.  My Husband moved out a couple of months ago and has only seen the kids a few times since then.  During our marriage, I was the parent who pretty much took care of my children’s needs like going to doctor appointments, school meetings, and extracurricular activities.  Now, my Husband got himself an attorney and is demanding that the children stay with him during the school week plus weekends, kind of on a 50-50 basis.  Do I have to do this under the new parenting plan law?  Can you give me some information on this?

Answer:    Florida no longer recognizes the terms “custody”, “primary residence” and “visitation”.  We now require the parties to have a parenting plan.   Parenting Plans are very specific and detailed.  For example, the Plan will set out the child’s current school information, including any day or after care programs, tutoring or other special needs; what third persons may be involved with the children such as day care providers; and whether both or one parent will make certain decisions (such as health, education, religion or extracurriculars).  The Plan will also set out specific “time sharing” arrangements during the school year;  specific holidays and/ or the summer.  If the parents are having difficulty in communicating with each other regarding their children, then the Plan will provide for the parents to communicate by email or other electronic means.    Florida law still has child support guidelines which permit a deviation if one parent is exercising “substantial” time sharing with the child(ren) (more than 40% of the overnights).    Your Husband may be seeking additional parenting time with the children to reduce his child support obligation.  Although courts prefer for the parents to establish their own parenting plans including time sharing arrangements, sometimes the courts may need to intervene.  If your Husband has not historically been actively involved in your children’s lives even though he may be a good person, then I would argue that the parenting plan should provide your Husband with access to the children but not one which would not disrupt their school and daily schedules.  We can always address equal time sharing during the Holidays and perhaps summer.    As a rule, do not enter into any agreement, including a parenting plan, until you have spoken with an attorney.

Here is a basic Florida parenting plan and a supervised parenting plan.