Broward County Child Custody Parenting Plans: New Florida Law and Shared Parental Responsibility

Florida child custody laws underwent significant changes on October 1, 2008. The old Florida child custody system presumed shared parental responsibility, with one parent being named the primary custodial parent of the minor children.. The Broward County family law judge could evaluate a multitude of factors to determine which parent would have primary custody, focusing on the best interests of the child: attachment between parent and child, possible visitation arrangements, the stability of the home environment, and the moral fitness of each parent, to name a few. The child's preferences were taken into consideration if the child was older and relatively mature, but the child's needs and best interests have always been the primary consideration.

The new Florida child custody law requires that divorced, separated, or never-married parents develop a parenting plan for raising their children and does away with the concepts of custody, visitation and primary/secondary custodial parents. The parenting plans are extensive and are intended to outline a timesharing schedule and cover issues such as providing for health care, education, and how the parents communicate with the children, among other issues. The family court evaluates numerous factors during the formation of a parenting plan or when considering a parenting plan developed by the parents themselves . These include some of the old factors and some additional factors, but ultimately, the emphasis is on the ability of the parents to co-parent their children..

The shift to parenting plans in Florida child custody law reflects a growing movement throughout the United States to reduce conflict among parents raising children in separate homes. The plans have been regarded as a positive shift in family law, promoting communication and cooperation between parents. Although the prior law in Florida preferred the participation of both parents, the new legislation more clearly emphasizes shared parental responsibility. Parents will share responsibility and are expected to collaborate in order to achieve the priorities they have set for their children, except in rare instances in which one parent's involvement in the life of the children would be extremely detrimental to their well-being. A Broward family lawyer can help you with your parenting plan.

A parenting plan requires that the parents list their priorities. For instance, having the children remain in the same elementary school or church they have always attended could be priority both parents agree on, as they seek to prevent disruption in their children's lives. Parents will need to reevaluate the plan periodically, particularly in light of certain circumstances. Restructuring the agreement will be necessary when parents remarry or move and as the children get older. For instance, parents may want to agree to consistent rules about dating as a child enters high school.