Child Custody: A parenting plan that works for your family.
I'm Chris Taylor, and I handle time-sharing and parenting plan cases in Jacksonville and Northeast Florida. Florida law addresses where children spend their time through a parenting plan and time-sharing schedule, along with parental responsibility for important decisions. For most parents, these are among the most important issues in a family law case. This page explains how parenting plans are established and how I approach these cases.
The process
How a parenting plan gets decided.
Whether the parenting plan is part of a divorce or a case between unmarried parents, the process ultimately determines where the children spend their time, how holidays and summers are divided, and how important decisions concerning the children are made.
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We talk about your children.
I need to understand their ages, school, activities, each parent's work schedule, the existing parenting arrangement, and what is actually happening within the family. Before I can assess what is realistic, I need an accurate picture of the circumstances.
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We try to reach an agreement.
Many parenting plans are resolved by agreement, either through negotiations or mediation. An agreed parenting plan also gives parents considerably more flexibility to address the needs of their particular family.
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The parenting plan is drafted.
A parenting plan should address the regular time-sharing schedule, holidays, summers, exchanges, travel, communication, and responsibility for decisions involving issues such as education and health care. The details matter because the parenting plan may govern your family for years.
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If an agreement cannot be reached, we prepare the evidence.
Depending on the issues, that may include documents, witnesses, timelines, school or medical records, and in some cases a social investigation. Preparation for trial begins well before trial, even while we continue working toward a reasonable resolution.
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If necessary, the judge decides the remaining issues.
Most cases do not require a trial. When the parties cannot reach an agreement, however, the court considers the evidence and establishes the parenting plan.
An agreed plan allows parents to retain more control.
Parents generally have more flexibility in negotiating a parenting plan than a judge has after trial. When an agreement is possible, the parents can develop terms that reflect the needs and schedules of their particular family.
What the court weighs
What a Florida judge looks at.
Florida courts determine parenting issues based on the best interests of the child. The law identifies a number of factors the court must consider. Some recurring issues include:
Both parents remaining involved.
Florida law provides a rebuttable presumption that equal time-sharing is in a child's best interests. That presumption can be overcome when the evidence establishes that equal time-sharing would not be in the child's best interests.
Stability and continuity.
The court considers the child's home, school, community, established routine, and the desirability of maintaining a stable environment.
Each parent's ability to co-parent.
The court considers, among other things, whether each parent supports the child's relationship with the other parent, follows the time-sharing schedule, communicates about the child, and keeps the child away from parental conflict.
Safety and the child's well-being.
Domestic violence, abuse, neglect, substance abuse, and other circumstances affecting a child's safety can significantly affect the court's analysis.
Two paths
A new plan, or a change to an existing one?
If no parenting plan has been established, the court applies the best-interest factors in creating one. If a parenting plan already exists, modification is different. A parent seeking a change generally must establish a substantial and material change in circumstances and show that the requested modification is in the child's best interests.
Child custody
You need a parenting plan established, as part of a divorce or between unmarried parents.
You're reading about it nowModifications
A plan exists and circumstances have changed enough that it no longer works.
See modificationsCommon questions
What people ask about custody.
Is 50/50 time-sharing standard in Florida now?
Florida law presumes that equal time-sharing is in a child’s best interests, although that presumption may be rebutted. A parent seeking a different schedule may present evidence showing why another arrangement better serves the child’s best interests.
The time-sharing schedule can also significantly affect child support. When a parent has at least 20% of the annual overnights, the number of overnights becomes part of the guideline calculation.
Will my child have to testify or choose?
Usually not. Florida Family Law Rule of Procedure 12.407 generally prohibits a child from being deposed, subpoenaed, or attending a family law proceeding without a prior court order based on good cause. The rule applies to both in-person and remote proceedings.
A child’s reasonable preference may be considered if the court finds the child has sufficient intelligence, understanding, and experience to express one, but that is only one factor in the court’s overall best-interests analysis.
Can I move away with my children?
Florida’s relocation statute, section 61.13001, generally applies to a move of at least 50 miles for 60 consecutive days or more.
If the other parent agrees, the relocation can be addressed by written agreement. If not, the parent seeking to relocate must obtain court approval before moving with the child.
Relocation cases receive priority on the court’s calendar and may move more quickly than other family law matters.
I discuss the objection process in stopping the relocation of your child.
What is a social investigator?
A social investigator is a neutral professional appointed by the court under section 61.20, Florida Statutes, and Florida Family Law Rule of Procedure 12.364 to evaluate the family and make recommendations concerning the parenting plan.
Social investigators are often psychologists or licensed mental health professionals. They can be useful when the case involves mental health, substance abuse, conflicting allegations, or other issues that would benefit from an independent investigation and expert opinion.
A social investigation can also significantly affect the case. For that reason, the decision to request one should be made carefully, particularly when the existing evidence already supports your position.
What if the children are living with a grandparent or relative?
Florida law allows certain extended family members who are caring for a child to seek temporary or concurrent custody under Chapter 751. If a parent objects to temporary custody, the relative generally must prove by clear and convincing evidence that the parent is unfit because of abuse, abandonment, or neglect.
A parent may later seek to terminate temporary custody, and the court must terminate the order if the parent is found fit, although the court may provide for a reasonable transition back to the parent.
These cases are very fact specific, particularly when a child has been living with a relative for an extended period.
Can we establish a parenting plan without divorcing?
Yes. Under section 61.10, Florida Statutes, married parents who are living apart can ask the court to establish child support and a parenting plan without filing for divorce. The statute specifically requires the court to establish a parenting plan in that type of proceeding.
It is not commonly used, but it can be an option when parents need court orders concerning the children without ending the marriage.
He took the time to listen to me describe all aspects of my case from our very first meeting. He kept me fully informed of all steps within the process so I felt very comfortable with what I was about to face.
- Two decades of practice
- Divorce and family law exclusively
- 10/10 Avvo rating
- Barrister, Florida Family Law Inn of Court
Free 45-minute case review
Tell me about your situation.
Bring the situation to a free 45-minute case review. I will tell you what a realistic parenting plan looks like, where the risks are, and how I would approach it.
