Every parental responsibility case in Florida requires a parenting plan to be in place. This plan is similar to what other states refer to as custody agreements, and it is a detailed outline of how parents will share time and responsibilities.
There are different ways that you can develop the terms of a parenting plan. One thing that is certain is that you should always have help from a Boca Raton family lawyer.
Settlement vs. Litigation
Parents always have the opportunity to agree to parenting terms out of court. Each parent’s attorney can negotiate and reach a middle ground regarding how they will divide time and responsibilities. If two parents can draft and agree to a parenting plan, they can present it to the court. If the judge believes the proposed agreement is in the best interest of the child and in line with Florida law, they can sign it and issue it as part of the parenting order.
If parents cannot agree to terms of a parenting plan through negotiation or mediation, the case will need to go before the judge. Each parent’s attorney will present their proposed terms and arguments to support this plan. The judge will determine what plan is in the best interests of the child, considering many factors, including:
- Each parent’s ability and willingness to care for the child
- The health and fitness of each parent
- Special needs of the child
- The location and schedule of each parent
- Whether one parent engaged in abuse or substance use
- Any other factor relevant to the situation
Speak with a Boca Raton Family Law Attorney
At Juliana Gaita, P.A., we work to help parents maintain control over their parenting plans whenever possible. We also represent parents in court when necessary. Contact us to learn more about our family law services.