Call : 786-539-4935
Click Here to Email Us:

Parenting Plans Need to Be Specific

March 2, 2016 by  
Filed under Uncategorized

 

 

In  Magdiziak v. Sullivan, the Fifth District Court of Appeals for the State of Florida reversed a trial court decision because the parenting plan lacked the required specificity.

The Court quoted Florida Statute Section 61.13(2)(b) which follows and stated that the trial courts parenting plan was too general stating “For example, simply awarding the mother every other weekend do es not specify when the weekend starts and stops, and the history of this case casts doubt on the parties’ ability to work out the details for themselves. Other time-sharing provisions also lack specificity. It is in the best interests of the child, the parties, and the court to include such specifics to minimize future litigation.”  A parenting plan needs to be specific as to time-sharing (custody, visitation and exchange times) to comply with the law and be upheld on appeal.

Florida Statute Section 61.13(2)(b) provides:
A parenting plan approved by the court must, at a minimum,
describe in adequate detail how the parents will share and
be responsible for the daily tasks associated with the
upbringing of the child; the time-sharing schedule
arrangements that specify the time that the minor child will
spend with each parent; a designation of who will be
responsible for any and all forms of health care, school-
related matters including the address to be used for school-
boundary determination and registration, and other activities;
and the methods and technologies that the parents will use
to communicate with the child.

 

Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.