Posted by Nydia Streets of Streets Law in Florida Child Custody

A Florida parenting plan generally cannot contain clauses that automatically change time-sharing in the future. This is called a prospective-based best interest analysis and is disfavored. This is because it is difficult to know what the best interest of a child will be in the future, and this should be examined in real time. This was an issue in the case T.A. v. A.S., 2D21-1236 (Fla. 2d DCA March 4, 2022).

The trial court entered an order in the parties’ paternity case which set forth a multi-phase time-sharing schedule which was contingent on certain events. The father appealed, arguing this was impermissible. The appellate court agreed, holding “The timesharing schedule that was issued in the final judgment is a prospective-based plan that includes four separate phases that allow for the Father's timesharing to be gradually increased based upon the completion of certain events and without judicial intervention. However, this court has disapproved of such prospective-based parenting plans.”

Schedule your consultation with a Miami family law attorney to review your parenting plan and understand how the law may apply to your case.