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Florida Family Law News

Child Custody Law Change

Within the past year, the Florida child custody laws changed. As part of these changes, state courts will no longer award primary residential custody of the child to either parent or visitation time to the noncustodial parent. Instead, state law now requires parents to develop a parenting plan that will spell out when the child will spend time with each parent, where the child will live and how the parents will make important decisions regarding the child's care and upbringing.

The new term used by the court is, Parenting Plan, and is required in all cases involving time-sharing with minor children, even when time-sharing is not in dispute. In the Parent Plan, mother and father will be known through the courts as the “parent” and no longer as the “custodial” and “non custodial” parent. Also, the terms “parenting plan” or “time sharing’ will now be used instead of “visitation”.

These changes reflect a desire on the part of the state legislature to move away from a child custody system that favored the mother over the father and towards a more progressive system that recognizes the importance of both parents playing an active role in the child's life.

Among other things, a Parenting Plan must address: Time-sharing: Child's weekly schedule, holiday and school vacation schedule.
Decision-making: Each parent will make day-to-day decisions regarding the care and control of the child, during the time they are caring for the child, including emergency decisions. The Parenting Plan must designate whether major decision making will fall to a sole parent or be a shared responsibility. Communication: The Parenting Plan must describe ground rules for communication when the child is with one parent or another.

References:
Thirteenth Judicial Circuit Court, Administrative Office of the Courts Basic Parenting Plan Packet

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