Flordia Strengthen's shared Parenting

When parents separate or divorce, it is difficult for everyone. Both parents need to know that they will be involved in their children lives. Children need to know that they have two loving parents who still want the best for them. In response to the increasingly common and altogether devastating battle for children and their support, the Florida legislature has shifted the language and focus of child custody and visitation laws toward a shared parenting model.

February 25, 2010 /24-7PressRelease/ -- Parenting Plans Allow Shared Responsibilities for Florida Parents

Language Changes to Florida Family Law

In the past, Florida family law statutes referred to issues relating to children as custody, visitation and support. To reinforce a more equal distribution of parental responsibility, the Florida legislature removed terms such as "custodial parent," "non-custodial parent" and "primary residence." The terms "custody" and "visitation" were, respectively, replaced with phrases like "shared parental responsibility" and "time-sharing" to offer a positive spin on concepts that are often intensely negative and somewhat outdated. The term "support" still exists in relation to child support and other financial obligations.

Laws Assume Shared Parenting

The revised statutes assume shared parenting from the beginning of a child placement or support case. This model empowers parents to create comprehensive parenting plans that address child-related issues outside of the courts.

As defined in the Florida family law statutes, "shared parental responsibility" means that both parents discuss and agree on important decisions regarding the child's well-being. Parents may request, and the courts may decide, that the major decisions are divided between the parents, or that one parent should assume ultimate parental responsibility for particular areas of decision-making, such as health and education.

The court may grant sole parental responsibility to a parent if shared parenting would be detrimental to a child, for example, cases involving domestic violence or child abuse. Time-sharing may or may not be granted in this situation, based on what is safe for the child.

Designing a Parenting Plan

It is common for separating or divorcing couples to get caught up in an emotional fight with each other. The new requirement for parents to work together on a parenting plan transfers the focus from breaking down their relationship to building an agreement that defines their parental responsibilities. Parenting plans can be as specific as necessary, but must include agreed-upon details about decision-making authority, time-sharing schedules and support arrangements.

In addition, the updated Florida family law statutes require that parenting plans cover:
-Responsibility for daily care, including care by third parties
-Modes of communication and information sharing
-Education and extra-curricular activities
-Health care costs and emergencies
-Religion
-Other factors that impact physical, social and emotional well-being

Parents may also want to use the parenting plan to address specifics such as coordinating transportation and exchange of the children, planning foreign or domestic travel with the children, and how to resolve parental relocation or other disputes that may arise at a later date.

Court Involvement with Parenting Plans

Courts evaluate all parenting plans before deciding to approve, modify or reject them. If parents cannot develop an acceptable parenting plan, or if issues like domestic violence exist, Florida courts have the authority to establish one for them. In this case, courts do not favor either parent because of gender. Instead, they consider both the best interest of the children and the circumstances surrounding the relationship between the children and both parents.

If family situations change after a court approves a parenting plan, the parents can agree to make updates. If there are disagreements about a parenting plan, in whole or in part, a parent can consider seeking modification of the parenting plan. Potential modification of the parenting plan will depend upon the unique facts and circumstances of each case. It is the ultimate goal of the State and the Courts to ensure "frequent and continuing contact with both parents" through enforcing appropriate parenting plans.

Making the Divided Family Whole

Laws should protect the rights of those in our society who are most vulnerable, especially children. When States, such as Florida, draft family law statutes, they use the generally accepted "best interest of the child" standard. Courts also apply this standard to cases involving parenting and child placement or support matters. However, outside of the legal realm, parents should be the primary decision-makers when it comes to protecting their children's interests. The updated family laws in Florida reaffirm this notion and seek to make the divided family as whole and functional as reasonably possible under the circumstances.

If you have questions about how the Florida family law changes impact your past or future parenting arrangements, or if you wish to create a customized parenting plan, contact an experienced family law attorney near you.

Article provided by TIMOTHY W TERRY

http://communicationhelper.blogspot.com/2010/02/florida-strengthens-shared-parenting.html