Timesharing & Custody

Collaborative Parenting Plans in Florida divorce or paternity cases may address your child’s future best interests in ways Florida family judges can’t.  Judges are not prophets: a judge has no crystal ball to see how future events might affect your child’s best interests.  In making decisions about parenting, a family judge generally can’t engage in “prospective-based”

Judges Must Make Decisions About Children’s Best Interests Based On Present Facts, Not Future Best Interests. Judges must decide parenting issues based on your child’s best interests as of the final hearing, not on your child’s future best interests. A judge has no crystal ball to determine if parenting plan changes, triggered by future events,

When Can a Judge Look Ahead? When ordering a parenting plan in a Florida divorce or paternity action, the judge generally must stick to the present. The judge must make determinations based on findings about your child’s present best interests. That means avoiding “prospective based determinations” about your child’s future best interests. But what about

Parenting plans govern parents’ future conduct in relationship towards each other and towards their children.  These relationships comprise regular and holiday timesharing schedules, decision making about major events in a child’s life, and communications. Parents and judges necessarily look ahead to create parenting plans that promote children’s best interests. Therefore, parenting plans entail prediction. Yet, under

In Florida, parents face an extraordinary burden for modification of a parenting plan. This burden is called the “substantial change in circumstances” test. The test for modification applies unless the initial final judgment provides otherwise. In Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005), the Florida Supreme Court considered the issue of what test trial

When considering parents’ agreements, judges must safeguard children. A court isn’t bound by parents’ agreements regarding child support, custody, or visitation. Feliciano v. Feliciano, 674 So. 2d 937 (Fla. 4th DCA 1996); see also Yitzhari v. Yitzhari, 906 So. 2d 1250, 1257 n. 4 (Fla. 3d DCA 2005). A Court’s Responsibility to the Child Florida family law judges have a

Parents in Florida divorce and paternity cases may anticipate and plan for events reasonably certain to occur in their children’s lives. They may enter into parenting agreements that flexibly adjust provisions when predicted and planned for events take place. Case Examples of Events Reasonably Certain to Occur For example, in Rivera v. Purtell, 252 So.

A court has an ongoing obligation to safeguard minor children’s best interests. Collaborating parents may agree to enlist court review to approve modifications when events they anticipated in their parenting plans occur. Parents’ attempts to trigger automatic modifications for uncertain future events, which may not take place for months or years (if they ever do),

Can parents build contingencies in parenting plans for future events? For events you anticipate that are reasonably certain to occur, can you build automatic modifications into your parenting plan? CN v. IGC: Leaves Open Question of Whether Agreed On Contingencies are “Modifications” In CN v IGC, 316 So. 3d 287 (Fla. 2021), a mother invited

You may agree your judgment will provide for a different burden for modification than the substantial change in circumstances test. Read more about that extraordinary burden here. Authorizing Agreements to a Different Burden for Modification than the Onerous Substantial Change in Circumstances Burden The Supreme Court of Florida noted a judgment could provide a different