West Palm Beach Parenting Plan Lawyer
In Florida, as well as in other states across the country, there has been a gigantic shift in the attitude that the State holds with regards to child custody. In the past, child custody was generally held to be the responsibility of one custodial guardian while the other parent received visitation rights. There was an unspoken presumption that the best parent for minor children was the mother. However, the trending shift away from a custodial parent-visiting parent model toward a co-parenting model has led to the state’s preference for a child to be the responsibility, at the time of a divorce, of both parents. If you are considering a divorce and are looking for help in drafting a parenting plan, it is important to speak with an experienced West Palm Beach parenting plan lawyer.
Parenting Plans as Part of the Divorce Settlement
In Florida, at the time of the divorce where young children are a part of the equation, parents are required, as part of their divorce settlement, to create a parenting plan that will be approved and implemented by the Florida courts. The parenting plan, in short, will determine the lifestyle choices and decision-making responsibility of each parent with regards to the raising of young children. The parenting plan will determine where the minor child(ren) live (if not at both parents’ homes), which parent will make decisions about which elements of the child(ren)’s upbring, and major decision regarding the welfare, the education, healthcare, and other major life choices of the children.
Co-Parenting: Two Parents are Better than One
The purpose of the change in preference by the State toward co-parenting is to support parents and their ability to come to a compromise over the raising of the children. For example, one parent who is a medical physician may be found to be in a better position to determine health care and wellbeing decisions in the event the children are in a life-threatening emergency. Another parent, one who is more of an academic or is otherwise involved in the day-to-day development of the child(ren), may be found to be better suited to make decisions about the school or educational opportunities that the child should attend or participate in.
The Best Interest of the Child(ren) and the Parenting Plan
The primary consideration of the Parenting Plan is the best interest of the child(ren) who are at the center of the dispute. If parents cannot come to a decision on the best parenting plan, or if the parenting plan decided on by the parents is not approved by the court, the family court will determine the parameters and details of the parenting plan in the best interest of the child(ren).
Factors the Court Will Evaluate When Approving a Parenting Plan
The court will evaluate when drafting or approving the parenting plan the following:
- The capacity of each parent to maintain a relationship and involvement with the children involved;
- The ability of each parent to honor the time sharing principles decided upon within the agreement;
- How, in the past, the parental responsibilities were divided and how the parents would like to divide up the responsibilities in the future;
- The viability of the parenting plan, to ensure that geographically the parents’ homes are not too far away from each other, or that the plan does not require significant travel for the children between the homes or activities that the children are involved in;
- The mental, emotional, and physical health of each parent;
- The child(ren)’s preference if mature enough to choose the correct lifestyle choices for his/her/their development; among other factors.
Parenting Plans & Domestic Violence/Child Abuse
In Florida, when it comes to determining the parenting plan for a couple’s divorce, the courts have moved away from the concept of “custody” and have replaced it with a new idea known as parental responsibility. No longer are couples awarded custody, but there is new emphasis by the state to promote co-parenting and joint parenting responsibilities. The reason for the shift from the traditional custody arrangements are new studies released that co-parenting arrangements are actually in the best interest of the child, even if this means the child is shuttled back and forth between two different residences. The gravity of these findings show that generally, regardless of the home arrangement, two parents loving and supporting the child outweigh whatever potential harm associated with the lifestyle instability that comes from a recent divorce. If you are considering a divorce and need help navigating through these issues, you should speak with an experienced family law attorney.
Best Interest of the Child and Domestic Violence
There are situations in which it is not in the best interest of the child to have two parents present and available. This is largely where child abuse or domestic violence has occurred or the threat of these abuses is present. Unfortunately in Florida, domestic violence is only associated with physical abuse or the threat of physical abuse, but does not look at other kinds of domestic violence that are emotional and psychological.
Florida’s Presumption and Rebuttable Presumption
Florida statute requires that there is a presumption that two parents are better than one, except where there is child abuse or domestic violence within the household. If one of the parents has asserted that there has been child abuse or domestic violence, or if one of the parents was actually convicted of abuse or domestic violence, these assertions create a rebuttable presumption that a two-parent arrangement would actually not be in the best interest of the child, but could be detrimental to the child. Once evidence and these assertions are put forth, it will be up to the allegedly abusive parent to put forth evidence of some kind to rebut this claim. At this point, the court will decide whether the two-parent arrangement will be detrimental to the child. If they determine that it will be detrimental to the child, then the abusive parent will not be permitted to receive parental responsibility of the child. The abusive parent may also be subject to restrictions on the type of contact that he or she may have with the child and the extent of the contact. This does not, however, affect the parent’s financial responsibility. Child support will be paid regardless of the time-sharing arrangement that is set out by the court.
Other Factors May Decide Whether Joint Parenting is in the Best Interest of the Child
It is not only domestic violence or child abuse that may lead the courts into determination that co-parenting is not ideal for a specific household. The court, in determining whether there should be sole parental responsibility of a minor child, will have the opportunity to evaluate several factors that assert that a sole parent responsibility arrangement will be more beneficial than a co-parenting arrangement. Some of the factors that may affect this decision are the following:
- The capacity and disposition of each parent;
- The child-parent relationship and the preference of the child(ren);
- Whether the domicile that each parent is providing to the child(ren) is comparable to that from before the divorce;
- The comparable qualify of life that the child(ren) had before and after the divorce;
- The mental, emotional, psychological, and physical health of each parent; among others.
Contact a Skilled West Palm Beach Parenting Plan Lawyer Today
Please contact West Palm Beach parenting plan attorney William Wallshein for a confidential consultation regarding parental rights and how to get the best parenting plan possible for your children.
