Parenting Plan and Shared Parenting issues typically arise when a marriage is ending, when married partners or unwed parents of a child separate, or after a divorce when child custody family law modifications are sought be either parent.
If the parents of the child, or children are not able to successfully resolve Parenting Plan and Shared Parenting issues through mediation or other attempts at amicably resolving child related issues, the court will render it's decisions based in accordance with Florida law, Uniform Child Custody Jurisdiction and Enforcement Act, and what is in the best interest of the child, or children.
During Parenting Plan and Shared Parenting proceedings, the court will consider various factors to determine what is in the best interest and welfare of the child, including, but may not be limited to:
When the primary custodial parent wants to move 50 miles or more, or out of State, child custody and visitation issues may be even more complicated. One of the purposes of Florida's Uniform Child Custody Jurisdiction and Enforcement Act is to address and deter parenting plan and shared parenting controversy and to promote cooperation between States to ensure child custody and visitation proceedings are conducted in the home state of record for the child.
Removing a child to another State temporarily or permanently without the courts authorization may be considered parental kidnapping or a violation of other Florida Laws.
If either parties financial standing or other relevant factors significantly change, either party may petition the court to seek a modification of the standing parenting plan or shared parenting court order. This is considered a post judgment parenting plan or shared parenting modification.
A modification regarding court ordered parenting plan or shared parenting may also be negotiated through mediation, and if agreed upon by both parties, the parenting plan or shared parenting modification must still be made official by asking the court to agree and sign-off on the parenting plan or shared parenting modification agreement.
The Law Office of
JOSHUA E. SCHOEN, P.A.