Child Custody Agreements in Florida

Child Custody Agreement Forms in Florida

A Florida custody (parenting) plan is a required document when determining custody or time-sharing over a minor child during divorce proceedings. It outlines the parents’ plan for continuing to provide care for their child‚ including each of their decision-making rights‚ time-sharing schedule‚ and more. Under F.S.A. 61.13(3)‚ family courts in Florida determine what is in the best interest of the child based on a total of 20 factors‚ including⁚

• The child’s wishes‚ if old enough to express them
• The child’s relationship with each parent
• The child’s adjustment to home‚ school‚ and community
• Each parent’s ability to provide for the child’s physical‚ emotional‚ and educational needs
• The moral fitness of each parent
• The length of time each parent has been the primary caregiver
• The mental and physical health of each parent
• The likelihood of continued domestic violence
• The potential impact of relocation
• The child’s cultural background

Florida law requires the parents of all cases involving the custody of a minor child to establish a parenting plan for the court to review. One of the following court-approved parenting plan forms must be used to develop the plan⁚

• Florida Supreme Court Approved Family Law Form 12.995(a)‚ Parenting Plan (03/09)
• Florida Supreme Court Approved Family Law Form 12.995(b)‚ Supervised Safety Focused Parenting Plan (03/09)

The amount of child support each parent must pay is determined by states’ child support guidelines. Factors include each parent’s monthly income‚ the number of children‚ childcare expenses‚ and more. If the child is still considered a dependent upon reaching the age of 18‚ the amount of support for the dependent child will be governed by the states’ guidelines.

The form should be typed or printed in black ink. Once completed‚ the form should be signed by both parties in the presence of a notary public or a deputy clerk. It can be filed electronically using the Florida Courts E-File Portal or with the circuit court clerk in the county where the petition was filed.

If both parents agree on all the terms within a parenting plan that the court approves‚ the hearings will likely move quickly. However‚ if the parents cannot reach an agreement or the court does not accept the submitted parenting plan‚ the court will establish a parenting plan that it determines is best suited to the child’s interest. The judge may request a parenting plan recommendation or appoint a guardian ad litem or a neutral party to hear the parents’ issues and report back to the court.

The court will issue an order that either approves the submitted custody terms or establishes a new parenting plan at its own discretion. Once issued‚ the order will be legally binding for both parents.

Overview of Florida Child Custody Agreements

In Florida‚ child custody agreements‚ formally known as Parenting Plans‚ are legally binding documents that outline the rights and responsibilities of parents regarding their children. These plans are crucial in divorce and other family law cases involving children‚ as they establish a framework for the parents’ ongoing involvement in the child’s life. The primary objective of Florida’s child custody laws is to ensure the best interests of the child are paramount in all decisions.

The Parenting Plan addresses critical aspects of the child’s well-being‚ including the parents’ shared decision-making responsibilities‚ the time-sharing schedule‚ and other relevant considerations. This document aims to provide a clear and comprehensive outline for both parents and the court‚ promoting stability and consistency in the child’s life.

Types of Custody Agreements in Florida

Florida law recognizes several types of custody agreements‚ each tailored to the unique circumstances of the family. These arrangements reflect the evolving understanding of parental roles and the diverse needs of children. The most common types of custody agreements in Florida are⁚

• Shared Parental Responsibility⁚ This arrangement‚ often referred to as “joint custody‚” grants both parents equal rights and responsibilities regarding major decisions affecting the child’s life‚ such as education‚ health care‚ and religious upbringing. While decision-making is shared‚ the time-sharing schedule can vary depending on the specific agreement.
• Sole Parental Responsibility⁚ In this scenario‚ one parent is designated as the primary decision-maker for the child. The other parent may still have visitation rights and may be involved in certain decisions‚ but the primary responsibility rests with the designated parent.
• Supervised Visitation⁚ This type of visitation is ordered when there are concerns about the safety or well-being of the child in the presence of one parent. It involves a third party‚ such as a social worker or family member‚ monitoring the interaction between the parent and child during visits.

The court will determine the most appropriate type of custody agreement based on the specific facts of the case and the best interests of the child.

Florida Supreme Court Approved Forms

The Florida Supreme Court has established a set of standardized forms designed to streamline the process of creating and filing child custody agreements. These forms are intended to provide a consistent framework for parenting plans‚ ensuring that essential elements are addressed and that the process is fair and transparent for all parties involved. The court strongly encourages the use of these approved forms to simplify the legal process and promote consistency in child custody arrangements.

Two of the most commonly used forms are⁚

• Florida Supreme Court Approved Family Law Form 12.995(a)‚ Parenting Plan (03/09): This form is used for creating general parenting plans where there are no specific safety concerns.
• Florida Supreme Court Approved Family Law Form 12.995(b)‚ Supervised Safety Focused Parenting Plan (03/09): This form is used when there are concerns about the safety of the child and requires a supervised visit schedule.

These forms can be accessed online through the Florida Courts website and can be completed and filed electronically.