Creating a Parenting Plan That Actually Works

By Jarbath Pena Law Group

When parents separate, the transition involves more than just dividing assets or moving into new homes. For families with children, the most critical piece of the puzzle is determining how you will continue to raise your children together, even while living apart. In Florida, this roadmap is called a Parenting Plan, but you may refer to it as a Custody Order or Custody Agreement.

It’s normal to feel overwhelmed by the idea of mapping out your children's future on paper. However, a well-crafted parenting plan is more than a legal requirement. It is a tool that provides stability for your children and clarity for you. Think of it less like a rigid contract and more like a detailed operating manual for your new family dynamic.

This guide will walk you through the essential components of a Florida parenting plan and how to create one that truly serves your family's needs.

The Foundation: "Best Interests of the Child"

Before diving into the details, it is vital to understand the legal standard in Florida. Unlike the old days of "custody battles" where one parent "won" and the other "visited," Florida law now focuses on Shared Parental Responsibility and Timesharing.

Under Florida Statutes, the court’s primary consideration is always the best interests of the child. In most cases, Florida courts presume that it is in a child's best interest to have frequent and continuing contact with both parents after a separation. Recent changes to Florida law have even established a presumption that equal (50/50) timesharing is in the best interest of the child, provided there are no safety concerns.

This means the goal of your parenting plan isn't to restrict the other parent, but to facilitate a relationship that allows your child to thrive.

Core Components of a Florida Parenting Plan

A parenting plan in Florida must be in writing and signed by both parties (or ordered by a judge). To be effective and legally compliant, it needs to cover several specific areas in detail.

1. Parental Responsibility and Decision Making

This section addresses who has the authority to make major decisions regarding your child’s welfare. In Florida, Shared Parental Responsibility is the standard. This requires parents to confer and agree on major decisions, including:

• Education: Choice of school, tutoring, and special education needs.

• Healthcare: Selection of doctors, dentists, therapists, and elective procedures.

• Extracurricular Activities: Sports, arts, and summer camps.

• Religion: Religious upbringing and participation in services.

Ideally, parents share this authority. However, in cases where parents cannot agree, the plan might grant "ultimate decision-making authority" to one parent over specific areas (like education) while the other handles different areas (like healthcare).

2. The Timesharing Schedule

The timesharing schedule is the calendar portion of your plan. It dictates exactly when the child will be with each parent. Ambiguity here is the enemy of peace. A vague plan that says "liberal visitation" or "timesharing as agreed" often leads to conflict down the road. An agreement to agree is NOT an agreement.

Your schedule should be specific and include:

• Regular Weekdays and Weekends: A recurring cycle (e.g., alternating weeks, 2-2-3 schedule).

• Exchange Details: The exact time and location for pick-ups and drop-offs.

• Transportation: Who is responsible for driving the child and how travel costs are handled.

3. Holidays and School Breaks

Holidays carry emotional weight, and they often override the regular timesharing schedule. A robust parenting plan will map out major holidays (Thanksgiving, Christmas/Hanukkah, Spring Break) for years in advance. The standard is to equally divide the holidays and school breaks, but there are many ways to divide it so the child is always put first.

Many parents choose to alternate major holidays annually (e.g., One parent has Thanksgiving in even years, and the other parent has the child in odd years). Others split the day in half. The key is to decide this now so you aren't arguing about Christmas Eve three days before the holiday.

4. Communication Guidelines

How will you and your co-parent communicate? How will the child communicate with the parent they aren't currently with?

Your plan should specify:

• Methods of Communication: Email, text, specialized co-parenting apps (like OurFamilyWizard, TalkingParents and others), or phone calls.

• Frequency: Reasonable times for phone or video calls with the child. Reasonableness of timelines to respond to the other parent about time sensitive matters, such as school selections or extra curricular activities.

• Tone: A commitment to civil and respectful communication, specifically prohibiting disparaging remarks about the other parent in front of the child.

Practical Tips for Success

Creating the document is one thing; living by it is another. Here are practical tips to ensure your plan works in the real world.

Be Realistic About Your Schedule

Don't agree to a alternating weekly schedule just because it sounds "fair" if your job requires you to travel three weeks a month. A plan that looks good on paper but fails in practice creates instability for your child. Build a schedule around your actual availability and your child’s routine.

Prioritize Flexibility

Life happens. Cars break down, children get sick, and work meetings run late. While the parenting plan is a court order, parents are generally free to deviate from it if they both agree. Building a relationship where you can swap a weekend or accommodate a special event creates a healthier environment for everyone.

Keep the Kids Out of the Middle

Your parenting plan should include a recognition of the children's rights. This includes a promise that neither parent will use the child as a messenger or a spy. Financial discussions and adult disagreements should never happen within earshot of the children.

Why You Need Professional Guidance

While you might agree with your spouse on many issues, Florida’s legal requirements for parenting plans are strict. Missing a required element—like the "Uniform Child Custody Jurisdiction and Enforcement Act" affidavit or specific language regarding out-of-state travel—can cause the court to reject your plan, delaying your divorce.

Furthermore, an experienced attorney can help you foresee future issues you might not anticipate, such as what happens if one parent wants to move more than 50 miles away (relocation statute) or how to handle the introduction of new romantic partners.

Moving Forward with Confidence

A well-structured parenting plan is the best gift you can give your children during a divorce. It provides them with a predictable routine and shields them from parental conflict.

At Jarbath Peña Law Group, we understand that your children are your world. We specialize in helping families in South Florida draft comprehensive, legally sound parenting plans that protect your rights and prioritize your child's well-being. Whether you are facing a contested divorce or an amicable separation, we provide the expert legal guidance you can trust.

Ready to create a plan that works for your family? Contact Jarbath Peña Law Group today at 305-615-1005 to schedule your consultation.