Generally, prevailing Florida law requires that parents establish a parenting plan which governs the relationship between the parties relating to decisions that must be made regarding the minor child(ren) and which contains a timesharing schedule for the parents and child(ren). Issues concerning the minor child(ren) may include, but are not necessarily limited to, the child’s education, healthcare and physical, social and emotional well being. All circumstances between the parties and minor child should be considered including, without limitation, their historic relationship with one another and the child(ren).
The concept of a parenting plan has replaced prior notions of “custody”, “visitation”, and “primary parent”. In developing the parenting plan, the parties should be guided by what is in the best interests of the minor child(ren). There is no preference under prevailing Florida law given to a Mother or Father, regardless of the age of the child(ren) when creating the parenting plan. Some of the factors the court considers when creating, developing, modifying or otherwise approving a parenting plan are listed in Florida Statute §61.13.