© 2009 Arlene C. Richman, Esq.
http://www.collaborativelawflorida.com/Articles/Parenting-Plans-and-Collaborative-Law.html

Time-sharing, Parenting Plans, and Collaborative Law
by Arlene C. Richman, Esq.

The Florida Statues refer to the time spent by each parent with their child as "time-sharing." [1] "The court shall determine all matters relating to parenting and tine-sharing of each minor child of the parties in accordance with the best interest of the child... "[2]"There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child." [3]

The parties are required to present the court with a parenting plan. It is required that "[a] parenting plan approved by the court must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child." [4]

At the present time there is no standardized form of parenting plan that has been promulgated by the Florida legislature or the Florida Supreme Court. Although various circuit courts have devised sample parenting plan forms, a benefit of the collaborative law process is that the parties and their attorneys devise their own parenting plan for inclusion within their collaborative law marital settlement agreement. Furthermore, in conjunction with creating the form, the parents may include, in addition to what is required, any other information that facilitates the time-sharing schedule that they have created.

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[1] §61.13 3(2)c, Fla. Stat. (2009) RETURN TO TEXT

[2] Id. RETURN TO TEXT

[3] §61.13 3(2)(c)1, Fla. Stat. (2009) RETURN TO TEXT

[4] §61.13(2)(b). Fla. Stat. (2009) RETURN TO TEXT

Arlene Richman is an attorney practicing collaborative law and family law in South Florida since 1987. Collaborative Law Florida is a state-wide educational and professional development association and business directory of independent Florida licensed attorneys at law and law firms who practice in the areas of collaborative divorce and collaborative family law.

Information on this website should not be taken as legal advice. Laws change, situations differ, and there may be exceptions to general rules. Except as otherwise may be provided, this website and contents are © 2009 Collaborative Lawyers, Inc. Collaborative Lawyers, Inc., is a state-wide educational and professional development association and business directory of independent Florida licensed attorneys at law and law firms who practice in the areas of collaborative divorce and collaborative family law. It is not a law firm or attorney referral organization.

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