Posted by Nydia Streets of Streets Law in Florida Child Custody
What are the requirements of a Florida parenting plan? According to the Florida Statutes, a parenting plan approved by the court at a minimum, must:
1. Describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child;
2. Include the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent;
3. Designate who will be responsible for: a. Any and all forms of health care. If the court orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child. b. School-related matters, including the address to be used for school-boundary determination and registration. c. Other activities; and
4. Describe in adequate detail the methods and technologies that the parents will use to communicate with the child.
This was an issue in the case Hernandez v. Mendoza, 4D21-1866 (Fla. 4th DCA June 22, 2022).
In this divorce case, the former wife appealed a number of issues. However, because she did not provide a transcript of the trial court proceedings, the appellate court was limited in its review, and presumed the factual findings of the trial court to be correct. One error that was apparent on the face of the final judgment involved shared parental responsibility.
The parenting plan provided for shared parental responsibility, but did not provide that either parent may consent to mental health treatment for the child, as required by the Statutes. The appellate court held “A parenting plan that does not meet the statutory requirements of section 61.13(2)(b) is legally insufficient.” The case was remanded with instructions to include this provision in the final judgment.
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