Form: Dissolution of Marriage With Minor Children Step 2 - Parenting Plan

Authored By: Florida Justice Technology Center 

This is the second of six "interviews" to complete your own form packed for a dissolution of marriage with minor children (divorce, with kids). Please refer to the other five "interviews" in order to create a complete packet of forms for this purpose.

You can answer questions and have a form filled out for you. First click this link to LawHelp Interactive and then click the button that says Proceed.

Read First - Important Information

No Attorney-Client Relationship

There is no attorney-client relationship between you and any attorney, legal services program, or legal aid program.  This Do It Yourself program does NOT guarantee the Court will give you what you ask for.

Forms created

  1.  Parenting Plan

What is a Parenting Plan

At a minimum, the Parenting Plan must descrine in detail:  

  • How the parties will share and be responsible for the daily tasks associated with the upbringing of the child(ren),

  • The time-sharing schedule arrangements that specify the time that the minor child(ren) will spend with each parent,

  • A designation of who will be responsible for any and all forms of health care, school-related matters (including the address to be used for school-boundary determination and registration), other activities, and

  • The methods and technologies that the parents will use to communicate with the child(ren).

In reviewing a Parenting Plan, the judge considers the best interest of the child(ren).  The judge  considers all of the factors affecting the welfare and interest of the minor child(ren) and the circumstances of the family.  Section 61.13(3) of the Florida Statutes list the factors that the judge must consider.  These include:

  • The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required;

  • The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties;

  • The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child(ren) as opposed to the needs or desires of the parent;

  • The length of time the child(ren) has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

  • The geographic viability of the parenting plan, with special attention paid to the needs of school-age child(ren) and the amount of time to be spent traveling to effectuate the parenting plan.  This factor does not create a presumption for or against relocation of either parent with a child(ren);

  • The moral fitness of the parents;

  • The mental and physical health of the parents;

  • The home, school, and community record of the child(ren);

  • The reasonable preference of the child(ren), if the judge finds the child(ren) to be of sufficient intelligence, understanding, and experience to express a preference;

  • The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child(ren), including, but not limited to, the child(ren)’s friends, teachers, medical care providers, daily activities, and favorite things;

  • The demonstrated capacity and disposition of each parent to provide a consistent routine for the child(ren), such as discipline, and daily schedules for homework, meals, and bedtime;

  • The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child(ren), and the willingness of each parent to adopt a unified front on all major issues when dealing with the child(ren);

  • Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether there are any related prior or pending court actions.  If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the judge must specifically acknowledge in writing that such evidence was considered when evaluating the best interest of the child(ren);

  • Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect;

  • The particular parenting tasks customarily performed by each parent and the division or parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties;

  • The demonstrated capacity and disposition of each parent to participate and be involved in the child(ren)’s school and extracurricular activities;

  • The demonstrated capacity and disposition of each parent to maintain an environment for the child(ren) which is free from substance abuse;

  • The capacity and disposition of each parent to protect the child(ren) from the ongoing litigation as demonstrated by not discussing the litigation with the child(ren), not sharing documents or electronic media related to the litigation with the child(ren), and refraining from disparaging comments about the other parent to the child)ren); and

  • The developmental stages and needs of the child(ren) and the demonstrated capacity and disposition of each parent to meet the child(ren)’s developmental needs.

This program does not include every possible issue that may be relevant to the facts of your case.

When can this form be used?

Use this program to produce a Parenting Plan to attach to your Petition for Dissolution of Marriage even if your spouse does not agree with it.  When you and your spouse reach an agreement on the Parenting Plan, you can return to this program to produce the agreed Parenting Plan which you will give to the Judge. Every Petition for Dissolution of Marriage with children must have a Parenting Plan attached to it as an Exhibit.

How long does it take to complete this Do It Yourself program.

20-40 minutes. 

Information that you will need.

To answer the questions in this program, you will need the following information:

  1. Case number, if assigned

  2. Time sharing schedules for weekends, weekday overnights, holidays, and school breaks;

  3. The type of decisions about the children you and your spouse can each make;

  4. How the children will get to the other parents home for time sharing;

  5. The type of communications that each spouse will have with each other and with the children; and

  6. The type and cost of child care.

Additional Resources.

To find an Attorney contact the County Bar Lawyer Referral Service in your county or the Florida Bar Referral Service at 1-800-342-8011.

Locate a Legal Aid office

Locate a Family Law Self Help Center

Look at Supreme Court approved family law forms and General Information for Self-Represented Litigants.

Florida Statutes can be found on-line or in most public libraries.

 

 

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