Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan must include certain provisions, at a minimum, which serve to notify each parent of his or her rights and responsibilities under the parenting plan. In the case E.V. v. D.M.V.H., 2D18-2240 (Fla. 2d DCA May 29, 2019), the father appealed, partially on the basis that the trial court did not include those minimum provisions.
According to the Florida Statutes, a Florida parenting plan must at a minimum:
1. Describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child;
2. Include the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent;
3. Designate who will be responsible for:
a. Any and all forms of health care. If the court orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child.
b. School-related matters, including the address to be used for school-boundary determination and registration.
c. Other activities; and
4. Describe in adequate detail the methods and technologies that the parents will use to communicate with the child.
Fla. Stat. 61.13(2)(b).
On appeal, the father contended the trial court failed to describe in adequate detail the methods and technologies the parents would use to communicate with the parties’ child. After reviewing the final judgment, the appellate court agreed with the father and remanded with instructions for the trial court to make adequate findings and rulings regarding communication.
When you are looking to create a Florida parenting plan that best suits the specific needs of your children, contact a Miami child custody lawyer to assist you. A consultation is where to start learning about your rights and remedies.