The Florida legislature is attempting to remove the “warfare” that often erupts over custody and visitation issues.  The purpose in reducing tension is to avoid situations where one parent feels cut out of the children’s lives, because the other parent has “custody” and the right to make all decisions concerning the children. The “non-custodial” parent sees his or her role in the children’s lives as being reduced to that of a visitor who pays support while having no say in decisions concerning their upbringing. This approach to parenting after divorce was replaced years ago by the concept of “shared parental responsibility” as discussed above. The idea of shared parental responsibility has been expanded to do away with traditional custody and visitation formats and is replaced by “joint parenting” through the development of a “parenting plan” arrived at by the parties.

A parenting plan is agreed to in writing and is a comprehensive plan for joint parenting, one that covers all aspects of a child’s life, including his residence, support, decision making and time-sharing of the child between the parties in place of visitation. As the new statute states:

“Parenting plan” means a document created to govern the relationship between the parties relating to the decisions that must be made regarding the minor child and shall contain a time-sharing schedule for the parents and child.  The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parties, including the parties’  historic relationship, domestic violence, and other factors must be taken into consideration. The parenting plan shall be developed and agreed to by the parties and approved by a court and, if the parties’ cannot agree, established by the court.

“Time-sharing schedule” means a timetable that must be included in the parenting plan that specifies the time, including overnight and holidays, that a minor will spend with each parent. If developed and agreed to by the parents . . . it must be approved by the court. If the parents cannot agree, the schedule shall be established by the court.

Ideally, the parenting plan should include a child support amount agreed upon by the parties in accordance with the Florida Uniform Child Support Guidelines.