parenting plan

When Parents Disagree About a Child’s Medical Treatment: The Angeli v. Kluka Case

October 27, 2017 | Alan Burton

Making decisions about major medical treatments such as surgery for a child can be stressful for any family, even one where the parents consider themselves happily married and generally able to make decisions together without major conflict. When parents divorce, all of the conflicts about parenting that they had when they were married become amplified. In the worst cases, the courts have to get involved to resolve their disputes. The current system of parenting plans in Florida is designed to prevent these major conflicts. The parenting plan form seeks to anticipate every possible scenario in which conflict might arise and decide beforehand which parent will have the final say in each type of parenting decision. The Angeli v. Kluka case shows why this system is important because, when it comes to consenting to non-emergency surgery for a child, one parent’s consent is all you need.

Details of the Angeli v. Kluka Case

When Alexander Girgis was 3 years old, he underwent adenoid removal surgery. (Adenoid removal surgery is a non-emergency surgery; it is quite common for children who suffer from recurrent ear infections or sinus infections when other treatments fail to resolve the problem.) Dr. Evelyn Kluka is the surgeon who performed the surgery, and Alexander recovered without any complications. At the time of the surgery, Alexander’s parents were in the process of getting a divorce. Alexander’s mother was the legal guardian who consented to the surgery, since medical treatments on minor children require a parent’s consent. Continue reading ›

What is a Parenting Plan?

November 11, 2016 | Alan Burton

A parenting plan is a written contract between the parents of minor children. Parenting plans are subject to court approval.

At a minimum, a parenting plan must include the following: (1) A description as to how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; (2) the time sharing schedule arrangements that specify the time that the minor child will spend with each parent; (3) which parent will be responsible for health care; (4) school related matters, including the address to be used for school boundary determination and registration; (5) other activities that the minor child may be involved with and who shall bear the expense of those activities; (6) the various methods in which the parents shall communicate with the child.

A parenting plan can be as detailed as the parents require, and can provide for any specific situation concerning the family.

Taking Custody Matters into Your Own Hands Can Have Serious Consequences

January 29, 2016 | Alan Burton

When a court issues an order for visitation and timesharing of children, it is common for one or both parents to be dissatisfied with some aspect of the parenting time arrangement. Even if you both agree to the arrangement at the time of the custody case, circumstances may change and may lead to conflicts regarding the custody and visitation schedule. In such cases, you may be able to request that the agreement be modified to better suit changed circumstances. This process can take time, however, and many parents may be tempted to take the matter into their own hands. Doing so can have serious consequences from the court, however, including fines or even jail time.

The following are some examples of actions you should never take on your own regarding child custody:

Withholding visitation or custody rights if the other parent fails to pay child support.

Can You or Your Former Spouse Move with Your Child?

October 2, 2015 | Alan Burton

A child custody and parenting plan order will set out many different guidelines about how you and your child’s other parent should share parental rights and responsibilities while your children are still dependents. These guidelines can involve primary physical custody, visitation schedule, how you will share in making decisions for your child, and much more. However, there are situations in which the circumstances of one parent may change and the provisions of the custody agreement are no longer feasible. One common change in circumstances is the need or want to move the child to another area of Florida or even to another state. There are many legal issues involved in child relocation and you should always seek the assistance of an attorney if relocation has become an issue in your case.

If You Agree to Relocation

If a parent plans to take a child over 50 miles away for more than 60 days, Florida law states they must obtain permission to do so from the other parent. In some situations, the other parent may simply agree to the relocation. Even so, the parents must submit an agreement to the court for approval before the move can take place. This agreement must also set out the new visitation and time-sharing schedule for after the move.