Child Custody Attorneys | Vazquez & Stockmar, PLLC

Timesharing & Parenting Plans In Florida

Parenting plans outline the responsibility and decision making of each parent regarding the timesharing schedule, day-to-day decisions, extracurricular activities of the children, transfer and exchange of the children, tax exemptions, education, medical records, and communication between the parents and children, among other relevant issues that could be unique to your situation. If the parties cannot agree on these issues, it is left to the courts to decide based on a “best interest of the child” standard.

At Vazquez & Stockmar, PLLC, we understand that the legal process for establishing a parenting plan can be emotional and met with apprehension. Fortunately, our child custody lawyers are skilled at facilitating productive conversations about contentious issues that allow parents to work towards an agreement that results in a smooth transition for them and their children. Our goal is to be informative and resolute so you can feel confident in every aspect of this process.

Transportation & Exchanging Children In Florida Parenting Plan

Transportation and exchanging children should be addressed in a Florida Parenting Plan that is mutually agreed upon by both parents, or when the parties cannot agree, decided by the Court.

Transportation and exchanging children can be a significant issue in Florida parenting plans. The distance between parents’ homes and the possibility of multiple school schedules can make transportation a significant time demand. Parents should plan to minimize the impact that transportation can have on children. Limiting the number of transfers can alleviate some of the issues. If the parents have had trouble in the drop-off interactions, a public place can be a reasonable solution versus dropping off at the parent’s home.

Repeated Failure To Meet Drop Off Times

If a parent on a regular basis is failing to abide by the parenting plan time and transfer schedule, the other parent can petition the court to change the schedule or order modification of the responsibility for transportation.

Parents Who Fail To Comply With Parenting

Florida law and Florida courts encourage both parents to co-parent their children and to be supportive of the other parent’s rights and relationship with the minor child. When one parent repeatedly fails to comply with a court-ordered parenting plan the abiding parent has options.

First, the parent should attempt to work out the issues with the other parent. Parents should work in good faith with each other for the best interests of the child. However, if failure to honor the parenting plan is intentional and occurs frequently the court may order compliance. A court may order the following when enforcing parenting plans.

Order Make-Up Time For A Parent Denied Time-Sharing By The Other Parent.
Order Reasonable Attorney’s Fees For Denial Of Time-Sharing With The Other Parent.
Modify The Time-Sharing Schedule.
Require A Parent Who Violated The Time-Sharing Schedule To Bear The Financial Burden Of Complying With A Time-Sharing Schedule.

Factors In Determining Florida Parenting Plans

Parenting plans outline the responsibility and decision making of each parent regarding; the timesharing schedule, day to day decisions, extra-curricular activities of the children, transfer and exchange of the children, tax exemptions, education, and medical records, communication between the parents and children, among other relevant issues unique to your situation. If the parties cannot agree on these issues, it is left to the courts to decide based on a “best interest of the child” standard. The courts evaluate over 20 factors to determine what will be in the best interest of the child.

Florida Statutes Chapter 61.13(3) provides that determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including but not limited to:

The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
The demonstrated capacity and disposition of each parent to determine, consider and act upon the needs of the child as opposed to the needs or desires of the parent.
The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
The moral fitness of the parents.
The mental and physical health of the parents.
The home, school, and community record of the child.
The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

At Vazquez & Stockmar, PLLC, we understand that this process can be emotional and met with apprehension. However, we are skilled at facilitating a productive conversation about the issues to work towards an agreement that results in a smooth transition for both parents and children. Our goal is to be informative and resolute, so you feel confident in every aspect of this process.

Vazquez & Stockmar, PLLC is a law firm serving Central Florida. Our attorneys offer dependable services in several legal disciplines, including probate, estate planning, and family law. Get in touch with us today to request a free consultation!