Custody, Parenting Plan, Time-Sharing and Parental Responsibility

Florida has recently abolished custody, visitation and the terms primary residential or custodial parent and secondary residential or non-custodial parent. Now that these labels have been removed, parties in a divorce or paternity case now have a parenting plan and time-sharing schedule.

The rights and obligations of all parents in the state of Florida are governed by a “parenting plan” which includes a “time-sharing schedule” for parents and children. A parenting plan is a document created by the parents during the dissolution of their marriage or paternity case. This document is created to govern the relationship between the parents and their minor child or children.

The parenting plan must describe how the parents will share and be responsible for the daily tasks associated with the upbringing of the child, the time-sharing arrangements, a designation of who will be responsible for any and all forms of health care, school-related matters, extra-curricular activities and the methods by which the parents will communicate with their child.

Time-sharing, formerly known as visitation, is a schedule that must be included in the parenting plan. The time sharing schedule specifies the time, including overnights and holidays that a minor child will spend with each parent. Your time-sharing schedule should also include winter break, spring break and summer break. The parents can decide whether to implement “shared parental responsibility” or “sole parental responsibility.” Shared parental responsibility means that both parents share child raising responsibilities. Sole parental responsibility means that one parent has the child raising responsibility and makes the decisions regarding the child’s health and welfare, while the other parent has time sharing rights. The parties may also decide to designate an ultimate decision maker which is one parent who is responsible for making decisions regarding the child’s health and welfare.

Where the parents cannot decide on their own how to share parental responsibility the court will make a determination based on the best interests of the child. Factors which help the court determine the best interests of the child are the parent’s fitness to raise the child, the child’s age, the primary parent currently responsible for the child’s upbringing, the child’s preference.