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Florida Statutes §61.13 on Parenting Plan
When a separation or divorce occurs, both spouses have a responsibility to make major decisions regarding their child. These decisions relate to a child’s life, such as child care facilities, schools, doctors, medical treatment, religious affiliation, and long distance trips. Unless it is detrimental to the child both parents must share in the parental responsibility of their child under Florida law.
Determining Child Support?
In Florida, both parents are responsible for supporting their children. Courts have little discretion in setting the amount of child support to be paid. Child support in the state of Florida is determined by child support guidelines that account for the incomes of both parents. Factors the court consider in calculating child support are the number of children, income of the parties or their income-earning abilities and the number of overnights each parent has the children. Other factors are also considered in this calculation, such as day care expenses and health care costs.
It is true, some spouses and parents will attempt to not work, be underemployed, or hide income in an effort to get around child support. We can address these issues with you. Your interest is our goal, and that is why we represent clients who need legal assistance that involve child custody and child support issues.
Time-sharing (Child Visitation and Contact),
Each parent has an equal right to custody of the child. Chapter 61 gives the guarantee that Florida has no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule and provides the guidelines for a parenting plan.
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.
The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, except that modification of a parenting plan and time-sharing schedule requires a showing of a substantial, material, and unanticipated change of circumstances.
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