Helping Hands Document and Mediation Services

Effective October 1, 2008, concepts of primary residence, secondary residence, and visitation are abolished in Florida law. Parties must thereafter have a “parenting
plan” defined as a document to govern the relationship of the parties relating to the decisions that must be made regarding their children. The parenting plan must
contain a time-sharing schedule for the parents of the child. A “time-sharing schedule” is a timetable that specifies the time, including overnights and holidays,
that a minor child will spend with each parent.
Florida law requires, at a minimum, each parenting plan to 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, and other activities; and the methods and technologies that the parents will use to communicate with the child.
TIME SHARING MUST NOT BE VIEWED AS A PRIVILEGE TO BE EXERCISED AT THE WHIM OF THE PARENT, BUT AS A RESPONSIBILITY WHICH MUST BE FULFILLED ABSENT NECESSARY CAUSE. TIME SHARING IS FOR THE PRIMARY BENEFIT OF THE CHILD OR CHILDREN AND NOT THE PARENT.
Children should not be exposed to hostility or conflict between the parents. It is not appropriate for a child to be used to deliver messages between parents. Parents
should arrange an alternative means of communicating by phone or email.

Mediation is more effective in resolving issues concerning children when parties approach these issues from the perspective of satisfying the standard of what's in the best interest of the children. This is so because the parties are more open to different solutions than would be the case if they took staunch positions regarding a set schedule, set activities, etc. Concentrating on their individual interests--in this case what is best for their child, which is a shared interest--results in the parties working together as opposed to against each other. This is good example of what mediating based on interests, as opposed to positions, can achieve, which is usually a workable agreement for both parties (and the children).

A parenting plan is an agreement between parents who are either divorced/divorcing or never married, and it outlines the custody of their children. It takes into account arrangements such as who has the children on which days; who makes major decisions about the child's education, health, etc.; and what to do if any party's situation significantly changes. Parents who agree on a parenting plan rather than let the court decide are more likely to comply with custody arrangements.

Sitting down with the spouse you are divorcing to work out a parenting plan may seem like the last thing you want to do, but this approach holds many advantages. You are the people who know your children best: their needs, their schedules and their preferences. By working together to create a parenting plan that satisfies the needs of your new family structure, you will avoid the possibility of a court's less nuanced solution. A court can only know what you tell it about your family's particularities, but you and your spouse are already exceptionally familiar with the territory. A  Certified family law Mediator  can help you create a plan that is right for you and your family.

Craft a parenting plan that is specific yet flexible. Create a workable system for dividing responsibilities so that the plan can function whether parents get along well or not. You can rotate primary responsibilities and decisions, or you can delegate specific areas to each parent. Be sure to include terms requiring each parent to treat the other with respect when the children can see or hear you. Determine a process for resolving conflicts and build in periods of review and adjustment — usually after the first year and then every two or three years thereafter.

The court will review your parenting plan to see that it fulfills the best interests of the children. Typically, courts go along with plans to which both parents have agreed.

You can get the complete text by searching for the Florida legislature's official website, then for Chapter 61. The applicable statute is Section 61.13.

Still have questions? Please contact us anytime! We look forward to hearing from you.