Gainesville, Florida Child Custody and Child Visitation Attorneys
What is a parenting plan?
In 2008, Florida law changed significantly. The old concepts of child custody and child visitation were phased out, and replaced with the concept of a parenting plan. A parenting plan is a plan which addresses all aspects of parents' rights and responsibilities with respect to their children.
What is included in a parenting plan?
Parenting plans can be extremely detailed, or more flexible. The detail needed or recommended for a parenting plan depends on the specific facts of each individual case. The issues addressed by a parenting plan should include: where the children will live, when they will have time-sharing (formerly called visitation) with the other parent, which parent will handle transportation, how holiday time will be divided between the parents, and how medical care will be provided for the children. Parenting plans should also contain provisions, as needed, to address the special needs of children, or the special circumstances of the parents.
What is the "primary residential parent?"
The concept of a primary residential parent was phased out with the change in the law in 2008. Although one parent's home may now be designated as the "primary residence," this is usually just for purposes of school zoning and compliance with certain federal laws.
How is a parenting plan established?
There are two basic methods by which a parenting plan is established. The first is by agreement of the parents (subject to the approval of the Court, which must always make a determination that a parenting plan is in the best interests of the children). The second method is by having the Court decide on a parenting plan. To make the decision, the Court is guided by a long list of factors set forth in Florida law. The Court's decision will be based on the evidence presented by the parents at trial. The experienced family law attorneys at The Law Office of Silverman and Vorhis start creating a parenting plan from the very beginning of a case, so that you know exactly what issues and evidence must be presented to the Court to obtain the result you desire.
Does the mother get preference in establishing a parenting plan ?
No. The so-called "tender years doctrine" (under which minor children are presumed to be better off residing with their mother) has been abolished in Florida. No special preference is given to either the mother or the father in the determination of a parenting plan.
How do we decide where the children will live while our divorce case is pending?
The Court has the power to order a temporary parenting plan while your divorce case is pending.
Have more questions about child custody, child visitation, and parenting plans? To schedule a free consultation with one of the experienced family law attorneys at The Law Office of Silverman and Vorhis, contact us online, or call 352-240-1973 today
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