Child Custody Battle

Part of the trama of many parents face is the stress of the unknown. Most people have never been through a divorce before. Many people have no idea what to to expect and what is expected of them.

One of the things that made me nervous and caused me additional stress was having to fill out forms that I had never seen before. I had no idea what to expect and that was frustrating and scary – so much was on the line.

Here is a form that the Florida courts provide for making a child parenting plan. I have included it here to give you an idea of what tho expect. This form may not be valid in your state and is intended only to make you familiar with what you may encounter.

1. INFORMATION ABOUT THE FAMILY
Mother:
Name: SS#:
Previous Names:_____________________________________________________
Address:
Employer: DOB:
Father:
Name: SS#:
Previous Names:
Address:
Employer: DOB:
Children:
Full Name Date of Birth/Age Sex (circle one)
M/F
M/F
M/F
M/F
M/F
IMPORTANT NOTICE: The provisions of your Parenting Plan have important legal
consequences. You should consult the complete BASIC PARENTING PLAN GUIDE FOR
PARENTS available at www.fljud13.org/flag/index.html before filling out this form. You
should consult an attorney before filing your Parenting Plan.
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2. PARENTING TIME SCHEDULE
2.1 Weekday and Weekend Schedule.
For examples of possible parenting time schedules, see the Shared Parenting Contact & Access Guidelines.
A. The child(ren) shall spend time with on the following days and times:
(name of parent)
WEEKENDS: { } every { } every other { } other (specify
from to
WEEKDAYS: Specify days
from to
OTHER:(specify)
B. The child(ren) shall spend time with :
(name of other parent)
(Choose one)
{ } At all times not specified above, or
{ } On the following days and times:
WEEKENDS: { } every { } every other { } other (specify)
from to
WEEKDAYS: Specify days
from to
OTHER:(specify)
C. Check box if there is a different parenting time schedule for any child. Complete a
separate Attachment for each child for whom there is a different parenting time schedule.
Label it Attachment 2.1(C). You may use the same format as above.
{ } There is a different parenting time schedule for the following child(ren) in Attachment 2.1(C):
, ,and
(name of child) (name of child) (name of child)
2.2 Summer Schedule. (Choose one)
{ }The summer schedule will remain the same as during the school year.
{ }The summer schedule will remain the same as during the school year, except for the
following vacation times:
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A. The child(ren) shall spend time with on the following times:
(name of parent)
WEEKENDS: { } every { } every other { } other (specify):
from to
WEEKDAYS: Specify days
from to
OTHER: (Specify)
B. The child(ren) shall spend time with :
(name of parent)
(Choose one)
{ } At all times not specified above, or
{ }On the following days and times:
WEEKENDS: { } every { }every other { } other (specify)
from to
WEEKDAYS: Specify days
from to
OTHER: (specify)
2.3 Holiday Schedule.
The following holiday schedule will take priority over the regular weekday, weekend, and
summer schedules described above. Fill in the blanks below with the parent’s name to
indicate where the child(ren) will be for the holidays. Provide beginning and ending times.
If a holiday is not specified as even, odd, or every year with one parent, then the
child(ren) will remain with the parent they are normally scheduled to be with.
Holidays Even Years Odd Years Every Year Beg/Ending Times
Mother’s Day
Father’s Day
Thanksgiving
Christmas Eve
Christmas Day
Easter
Memorial Day Weekend
Fourth of July
Labor Day Weekend
Other:
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This holiday schedule may affect your regular Parenting Time Schedule. You may wish to specify one or
more of the following options:
{ } When parents are using an alternating weekend plan and the holiday schedule would result in one
parent having the child(ren) for three weekends in a row, the alternating weekend pattern will restart so
neither parent will go without having the child(ren) for more than two weekends in a row.
{ } If a parent has our child(ren) on a weekend with an unspecified holiday or non-school day attached,
they shall have our child(ren) for the holiday or non-school day.
{ }Other:
2.4 Winter Break.
{ } Our child(ren) will spend half of Winter Break with each parent.
{ } Other: Details for sharing time with our child(ren) during Winter Break (including New Year’s
Day) are:
2.5 Spring Break. (The weekday days of school Spring Break).
{ } Our child(ren) will alternate spending spring break with each parent, spending it with
in even years and with
(parent name) (parent name)
in odd years.
{ } Our child(ren) will be in the care of each parent according to the schedule described in
Section 2.1 above.
{ } Our child(ren) will spend part of spring break with each parent (provide details):
2.6 Child(ren)’s Birthdays.
{ } Our child(ren)’s birthdays will be planned so that both parents may participate in the birthday
celebration.
{ } Our child(ren) will be in the care of each parent according to the schedule described in Section
2.1 to 2.6 above.
{ }Other:
2.7 Temporary Changes to the Schedule.
Any schedule for sharing time with our child(ren) may be changed as long as both parents agree
to the changes ahead of time:
{ } in writing; { } orally (choose one)
Activities scheduled that will affect the other parent’s time must be coordinated with the other
parent.
Makeup and Missed Parenting time: Only substantial medical reasons will be considered
sufficient for postponement of parenting time. If a child is ill and unable to spend time with a
parent, a makeup parenting time will be scheduled. If a parent fails to have the child(ren) during
their scheduled parenting time for any other reason, there will be no makeup of parenting time
unless the parents agree otherwise:
{ }in writing { } orally (choose one)
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2.8 Permanent Changes to the Schedule.
We understand that, once the judge signs the final judgment in our case and approves this
Parenting Plan, any changes that we do not agree on can be made only by applying to the court
for a modification. One parent cannot change a court-ordered Parenting Plan on their own.
Before applying to the court, we understand that we can agree to try to resolve our dispute
through mediation or other means (See Section 10).
2.9 Alternate Care. (See Instructions)
{ } We choose not to specify ground rules for alternate care.
{ } Alternate care for our child(ren) will be handled as follows:
2.10 Primary & Secondary Residence.
{ } Shared Parental Responsibility
shall be considered the primary residential/
custodial parent.
shall be considered the secondary
residential/custodial parent.
{ } Shared Parent responsibility with neither parent being the primary/custodial residential parent.
{ } Rotating custody. The parents are co-primary residential/custodial parents.
{ } Sole Parental Responsibility.
shall be considered the sole custodial parent.
3. DECISION MAKING:
3.1 Day-to-Day Decisions.
Each parent will make day-to-day decisions regarding the care and control of our child(ren)
during the time they are caring for our child(ren). This includes any emergency decisions
affecting the health or safety of our child(ren).
3.2 Major Decisions (Shared or Sole Parental Responsibility).
Major decisions include, but are not limited to, decisions about our child(ren)’s education, nonemergency
healthcare and religious training.
Shared Parental Responsibility – Choose One:
{ }Both parents will share in the responsibility for making major decisions about our child(ren).
or
{ }Shared Parental Responsibility with the following Parent having ultimate decision making
authority on designated major decisions about our child(ren).
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Issues (e.g.: Education, Health, Extra Curricular
activities, Religion)
Decision Maker
The above will be implemented if the parties do not agree otherwise.
If a parent is designated with sole parental authority then that parent will have the option
to consult with the other parent prior to making major decisions.
4. INFORMATION SHARING. Unless there is a court order stating otherwise:
Both parents have equal rights to inspect and receive the child(ren)’s school records, and both
parents are encouraged to consult with school staff concerning the child(ren)’s welfare and
education. Both parents are encouraged to participate in and attend the child(ren)’s school
events.
Both parents have equal rights to inspect and receive governmental agency and law enforcement
records concerning the child(ren).
Both parents have equal rights to consult with any person who may provide care or treatment for
the child(ren) and to inspect and receive the child(ren)’s medical, dental and psychological
records.
Each parent has a continuing responsibility to provide a residential, mailing, or contact address
and contact telephone number to the other parent.
Each parent has a continuing responsibility to immediately notify the other parent of any
emergency circumstances or substantial changes in the health of the child, including the child’s
medical needs.
5. FUTURE MOVES BY A PARENT.
Relocation:
{ } The primary residential parent shall not permanently relocate the minor child(ren) from the
State of Florida without the written consent of the other parent or an order of the court.
{ } Parents who have a rotating custodial arrangement (50/50 timesharing) agree that neither
parent shall relocate to any residence more than ten (10) miles from the other parents home.
{ } Other: __________________________________________________________________
__________________________________________________________________________
6. PARENT-CHILD COMMUNICATION
{ } Both parents and child(ren) shall have the right to communicate by telephone, in writing or by
emailing between _____a.m./p.m. and _____a.m./p.m. without interference or monitoring by the
other parent.
{ } Procedures for telephone, written, or email access (describe ground rules for parent-child
communication).
7. EXCHANGE OF OUR CHILD(REN)
Both parents shall have the child(ren) ready on time with sufficient clothing packed and ready at
the agreed-upon time of exchange. All clothing that accompanied our child(ren) shall be returned
as follows:
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{ } While both parents continue to reside in the same locale, both parents shall share equally in
the responsibility of exchanging our child(ren) from one parent to the other.
{ } Other: (provide details for the exchange of the child(ren)):
8. MUTUAL RESPECT
Parents will not say things or knowingly allow others to say things in the presence of our
child(ren) that would take away our child(ren)’s love and respect for the other parent.
9. OTHER TERMS
Add any other items regarding the child(ren) you would like to include in your Parenting Plan. Use
additional sheets if necessary.
{ } Additional sheets attached
10. DISPUTE RESOLUTION
We will first attempt to cooperatively resolve any disputes that may arise over the terms of this
Parenting Plan. If that attempt fails (choose one):
{ } We will use mediation or other dispute resolution methods before filing a court action.
{ } Mediation or other dispute resolution methods will not be required before filing a court action.
11. SIGNATURES
Your signature below indicates that you have read and agree with what has been decided and
written in this document.
Petitioner: Respondent
Signature Date Signature Date
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