Parenting Plans and Factors the Court Will Consider

A “Parenting Plan” in Florida is a document created to govern the relationship between the parties relating to decisions that must be made regarding a minor child or children after divorce or as part of an establishment case (parents never married). A Parenting Plan contains a time-sharing schedule for the parents to follow when exercising visitation or overnight time-sharing with the children. In Florida, the Court begins with the assumption that each parent will have equal time with the children, and equal responsibilities and decision-making power. The caveat at the outset of this assumption is whether there is evidence that an equal or 50/50 arrangement would be detrimental to the child. If one or both parties takes a factual and/or legal position against the others’ fitness for regular or 50/50 time-sharing, that will likely become an issue for litigation. Barring those issues, the judge considers circumstances that may and often will impact an equal sharing arrangement. These are usually factors not necessarily related to a party’s fitness, but that still affect the best interest of the child.

For example, the Court will consider factors and look at each parent’s work schedule. What are the hours? Which days of the week? How regular or regimented is the work schedule? Is the parent working full-time? Is there a travel schedule related to the work?

Beyond work schedules, factors will include the child’s school schedule and location, and the location of each parent relative to living arrangements of each parent. The Court considers these and many other possible factors. It is the responsibility of the parties, and their representatives, to advise the Court accordingly.
Lifestyle choices may also play a role in determining the terms of a parenting plan. If one parent exhibits a pattern of irresponsible behavior, or social habits that may be deemed harmful to a child, that parent is likely to receive less time-sharing with the child and less decision-making authority. Ultimately, the Court will always examine the facts of a case to determine what is best for the child.