When parents of a child are not living in an intact home, they will need to work together to craft a parenting schedule that provides the child with significant time with each parent. Parents must determine what works with their schedules and what is in the best interests of the child when creating such a plan. If parents cannot agree on a parenting schedule, the courts will determine what will best suit the child and order the parents to comply with the Court’s plan.
WHAT GOES INTO A COURT DECISION ON A TIME-SHARING PLAN?
A parenting plan is a document that outlines how parents will spend time with the child when the parents live in separate residences.
The elements which shall be included in crafting a Parenting Plan are as follows:
- Time-sharing schedule
- Holiday time-sharing schedule
- Extracurricular activity time
- Education
- Child-care
- Contact between both parents
- Travel agreements
Although parents have the ability to decide issues concerning time-sharing with the child(ren), the Court has the final say on whether the time-sharing agreement is in the child‘s best interest. The child’s opinion will play a role in the final time-sharing decision when they are of a certain age. Under Florida law, if the child possesses enough intelligence, understanding, and experience to be able to say what they would prefer, the court will give reasonable preference to their wishes. Unless the court determines living with the chosen parent will not provide a suitable environment for the child, they can defer to the child’s preference.
Courts are primarily concerned with acting in the best interest of the child. Since children do not meet the legal criteria to make the time-sharing decisions and the court cannot allow such a child to make these decisions on his or her own. Even if a child believes they should be able to make the decision, the court and the parents who have the best ability to assess the child’s needs will be the final authority. Call Darren K. Edwards, Attorney at Law for a free case evaluation to discuss these rights.
