Articles Tagged with parenting plans

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When a couple divorces in Florida while their children are minors, the goal of the family court system is to help them continue to have healthy relationships with their children, even after the parents are no longer married to each other. Unfortunately, child custody is often one of the most contentious issues in a divorce, and one of the most difficult to resolve without resorting to litigation. A judge ruling in favor of one party or the other is a last resort in family law cases, though, especially when it comes to deciding which parent spends how much time with the children.  Florida courts strongly prefer that parents come to an agreement about their parenting plan before they go before the judge; this way, the judge is simply approving an agreement that is satisfactory to both parties. Parenting coordination is a type of alternative dispute resolution, similar to mediation, that can help parents agree on the details of their parenting plan.

Parenting Coordinator Requirements

The parenting coordinator is not a judge, and he or she is not simply any unbiased third party.  The educational requirements for parenting coordinators in Florida are quite strict. To be a parenting coordinator, you must have a medical degree and be certified by the American Board of Psychiatry and Neurology, or else you must hold a master’s degree either in family mediation or in a mental health field. You must have three years of professional experience working as a psychiatrist or mental health professional. You must complete a family mediation training program, in addition to a parenting coordinator training program; the latter program includes 24 hours of classroom instruction. Having previously been found guilty of child abuse or domestic violence disqualifies you as a parenting coordinator. Additionally, parenting coordinators must keep what is said at parenting coordination meetings confidential, and they must avoid conflicts of interest with any parties involved. Continue reading

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It may not snow in Florida, but the feeling of the holiday season is already in the air. Every year at around this time, some radio stations begin playing Christmas carols around the clock, while on other stations, radio DJs snark about how Thanksgiving and the winter holidays are peak season for family conflict. It is true that holiday-related stress is a real phenomenon, as anyone who works in the mental health field can attest. If you have shared custody of children with your ex-spouse or former partner, though, there are things you can do to reduce the stress of co-parenting during the holidays. Specifically, Florida’s parenting plans, in their current version, contain clauses specifically designed to avoid conflict about holiday plans before they start.

How do Florida Parenting Plans Address Holiday Timesharing?

People whose parents divorced in the 1980s and 1990s probably remember that life settled into a rhythm, usually including living with Mom during the week and with Dad on the weekends, but that sparks always flew at Thanksgiving and Christmas, when extended family members visited, or when one parent wanted to take the children to visit out-of-town relatives during a holiday.  This is one of the major issues that Florida’s new parenting plans address. The parenting plan template has questions to address every school vacation, including winter break, Thanksgiving, and spring break. Parents can choose, as soon as they divorce, where the children will spend each holiday each year. For example, they can specify that, in odd-numbered years, the children will spend Thanksgiving break with Mom until Friday afternoon and then spend the rest of it with Dad, but in even-numbered years, they will be with Dad until Friday afternoon and then go to Mom’s house. Parenting plans even allow parents to allot certain times for children to stay with grandparents, and they can choose to grant certain holiday days to the grandparents.

In some ways, Thanksgiving is the simplest holiday to plan because it is always on a Thursday.  What about Christmas, which is always on the same date, but on different days of the week?  What about Hanukkah, which sometimes coincides with winter break and sometimes does not?  What about Islamic holidays, which, because the Islamic lunar calendar is 11 days shorter than the Gregorian calendar, vary not only by day of the week, but by month?  (For example, this year, both Eid al-Fitr and Eid al-Adha were during summer vacation. In 2000, Eid al-Fitr was between Christmas and New Year’s.) Florida’s parenting plans were made to be customized.  You can specify that each parent gets the children for four nights of Hanukkah, and that if it falls during a school week, each parent gets one non-school night of the holiday. Continue reading

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It is a great relief to many that the stigma surrounding seeking treatment for mental illnesses has lessened as much as it has in recent years. In many circumstances, mental health treatment has become routine even for patients who do not exhibit particularly alarming symptoms. In fact, recent statistics show that nearly 20% of American adults have been diagnosed with a mental illness at some time in their lives. If that is surprising, it is because the same privacy laws that protect nearly all health information also apply to mental health.

Unfortunately, though, things can get ugly in a divorce, especially when parents disagree about child custody arrangements. One parent sometimes argues that the other parent is unfit to spend a majority of the time with the children because of a pre-existing diagnosis of a mental health condition. If your former spouse does bring up your mental health history during divorce proceedings, will it affect the outcome of the case? Usually, it does not.

When Your Mental Health History Does Not Affect Parenting Plan Decisions

Under Florida’s current system of parenting plans, no two custody agreements are alike. The parenting-plan form is a multi-page questionnaire as long and complex as the longest tax forms.  Each decision regarding the children is a separate question; it is not simply a matter of one parent getting all or most of the custody of the children. The parents’ private health information usually does not factor into which decisions the judge approves in the parenting plan. The main goal is to cause as little disruption in the children’s lives as possible. Consider that, if a parent were undergoing treatment for a physical illness while the parents were married, most of the time it would not be a factor in the parenting agreement. The same usually applies to mental illnesses.  Furthermore, the parent’s psychiatrist cannot be asked to reveal the parent’s private health situation in court, except in the case of a true emergency, such as a suicide attempt or involuntary hospitalization. Continue reading

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Child support is supposed to cover a child’s basic needs, such as food and shelter. What about educational expenses, though? Education is hardly a luxury; school attendance has been mandatory for American children for well over a century. Providing for a child’s education is an important aspect of parenting. Thus, Florida parenting plans include provisions about which parent is responsible for making various decisions related to the children’s education. What happens when parents divorce while their children are enrolled in private school?

The Children’s Best Interest

Every question related to a parenting plan is, at its core, about the best interest of the children.  Education is one aspect of child-rearing about which parents are likely to have strong opinions.  Some parents feel that sending children to a private school, even if it requires great financial sacrifice on the parents’ part, is the only way to ensure that the children study in a safe environment where teachers are genuinely invested in the children’s success. Others feel that private school tuition is an unnecessary expense and that parents could help their children more simply by saving money to help them with college tuition and other expenses related to early adulthood. The education issue is a perfect example of why parenting plans are individualized and not one size fits all. Continue reading

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When Floridians move out of state, for example, to attend an out-of-state college, they can find plenty of reasons to brag to their buddies from other states. I swam in an alligator-infested river and lived to tell about it! Yes, people flaunt their cosmetic surgery-enhanced bodies on Florida beaches every day, even Christmas! I have had a driver’s license since my 16th birthday, and I have never once parallel parked, not even on my driving test! The last boast is what makes your buddies do a double-take, since the other Florida quirks are quite famous. It is entirely possible to get a driver’s license in Florida without learning how to parallel park; almost everywhere has a parking lot or parking garage, anyway. What you do need to do in order to get a driver’s license in Florida before you can take the test to get your license is complete a one-day course about traffic safety and Florida traffic laws.

What has any of this to do with divorce in Florida? It turns out that many Florida divorce cases require parenting classes. In fact, mandatory parenting classes in Florida divorce cases are almost as routine as the one-day class for new drivers in Florida.

Mandatory Parenting Classes in Florida

It is common for Florida family courts to require Florida couples going through a divorce to complete the Parent Education and Family Stabilization Course before the judge will sign the final divorce decree. In fact, Florida courts require it of every divorcing couple that has minor children. Additionally, when a man who is not married to his child’s mother establishes paternity, the court requires both parents to complete the course. Continue reading