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Miami Family & Divorce Attorneys > Miami Parenting Plan Attorney

Miami Parenting Plan Attorney

It is the public policy of the State of Florida that each minor child has frequent and continuing contact with both parents after the parents separate or divorce and to also encourage parents to share the rights and responsibilities and joys of raising their child.

The terms custody, primary residential parent and visitation are no longer used. Instead, Florida law requires a parenting plan and a determination of whether the parents will share the decision making rights and responsibilities regarding the child or one parent will have the right to make the decisions, contact our Miami parenting plan attorneys today.

Parenting Plans

A Parenting Plan is a document created to govern the relationship between parents relating to decisions that must be made for their child. The parenting plan must at a minimum include the following:

  1. A timeshare schedule;
  2. Describe in adequate detail how the parents will share and be responsible for daily tasks associated with the upbringing of the child;
  3. Designate who will be responsible for
    1. Any and all forms of health care,
    2. School-related matters, including the address to be used for school-boundary determination and registration,
    3. Other activities;
  4. Describe in adequate detail the methods and technologies that the parents will use to communicate with the child.

Parental Responsibility

In Florida, parents either (1) share parental responsibility; (2) one parent has sole parental responsibility; or (3) the parents share parental responsibility, but one parent has ultimate responsibility over specific areas.

Shared parental responsibility is when the parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly. The court is required to order shared parental responsibility unless the court finds that shared parental responsibility would be detrimental to the child.

Shared parental responsibility with one parent having ultimate responsibility means that both parents have to jointly make major decisions affecting the welfare of the child, but one parent will be provided ultimate responsibility to make certain decisions such as education, health care, extracurricular activities or other areas unique to a particular family.

Sole parental responsibility provides one parent with the ability to make the decisions regarding the minor child. Sole parental responsibility can only be awarded when shared parental responsibility is detrimental to the child.

How Our Knowledgeable and Experienced Miami Parenting Plan Attorneys Can Help

When determining parental responsibility and a parenting plan, a court must determine the best interests of the child. We can work with you to develop a parenting plan that is in the best interest of your child and works for your particular family. If a parenting plan and parental responsibility cannot be agreed to by both parents, our Florida divorce lawyers have the necessary trial experience and skills to litigate these type of issues.

We also assist parties in post-divorce attempts to modify parenting plans. Modifying timesharing or other aspects of a parenting plan requires the showing of a substantial, material, and unanticipated change of circumstances, and of course demonstrating that the modification would be in the child’s best interest. If you are seeking or opposing a modification, our Miami parenting plan attorneys have the skills and abilities needed to effectively represent you.

For practical advice on a parenting plan that is in the best interest of your child and the best strategy for you, contact Foster•Morales Sockel•Stone to speak with one of our skilled and experienced Miami family law attorneys.

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