Florida favors settlement agreements of family law disputes. Parents may agree to take on obligations based on future events. That’s true even if a court otherwise couldn’t impose those obligations. This power parents have in collaborative divorce to make agreements…
What is a Parenting Plan? In Florida, a ‘Parenting Plan’ governs the relationship between parents “relating to decisions that must be made regarding the minor child.” Section 61.046(14), Florida Statutes. See CN v. IGC, 316 So. 3d 287 (Fla. 2021). A court’s authority…
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…
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…
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.…
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…
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…
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.…
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…
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…
Many parents agree to resolve privately future impasses if they can’t agree on decisions for their children. Parents who choose the collaborative process appreciate court fighting can be costly and drawn out. These concerns apply equally for initial proceedings and…
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…
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…