Are custody decisions (parenting plans) binding? Can they be altered?

Parenting plans become enforceable when issued and remain in effect until modified. You can petition the court to modify the parenting plan to adjust for unanticipated, material, and substantial change(s) in circumstances that no longer serve the children’s best interests.

What exactly is a Parenting Plan?

Instead of traditional legal and physical custody definitions, Florida adopted a parenting plan and time-sharing schedule. The parenting plan specifies how the parents divide decision-making authority and responsibilities. For example, the plan sets who will be responsible for the child’s education, health care, and extracurricular activities. A parenting plan also specifies where the child will live and the time the children spend with each parent. Again, because each family’s needs and circumstances are unique, time-sharing schedules are flexible. But, again, the facts of the case determine the timeline.

What is the Child's Best Interest Standard?

In Florida, courts consider time-sharing under the best interests of the child standard. Therefore, custody decisions are made by courts based on what is best for the child. These factors could include the following: The child’s age The quality of the child’s existing relationship with the parents The ability of either parent to provide a stable, safe environment Which parent is more likely to encourage the child’s ongoing relationship with the other parent Judges have wide latitude in determining how much weight to give to each factor.

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Divorce Attorney

Divorce is a sensitive issue and is rarely simple. Divorce can be difficult on families and is filled with pressing issues such as child support and custody, homeownership, and alimony.

Child Custody

Divorce, separations, or single parent situations often result in bickering regarding where the child will live and how much time each parent will spend with the child. Well written Parenting Plans help govern this portion of the parent’s separation and often become the basis for contempt down the road.

Child Support

Child support is another essential financial matter you must address. Child support is intended to be paid from one parent to another. Its purpose is to assist with the financial burden of raising a child.

Alimony

Dissolving your marriage often means a change in financial circumstances for one or both parties. Alimony may be awarded to a party in order to help maintain a certain standard of living.

Military Divorce

Military divorces are filled with many nuances such as military pay, military retirement funds, and BAH. These assets are treated differently from civilian assets and require an experienced attorney to properly navigate them.

Collaborative Divorce

Collaborative divorce may be faster and cheaper than a traditional divorce but it may not be right for everyone. Our attorneys have gone through special training to learn and understand the processes involved in facilitating a collaborative divorce.

Same-sex Divorce

Legal recognition of same-sex marriage in Florida created a new reality, same-sex divorce. A same-sex relationship can come to an end just like any other. It is imperative to recognize the issues and complexities involved.

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Child Custody

Divorce, separations, or single parent situations often result in bickering regarding where the child will live and how much time each parent will spend with the child. Well written Parenting Plans help govern this portion of the parent’s separation and often become the basis for contempt down the road. Determining what is best for the child is paramount although it is rare that the parents agree. This is where having an experienced attorney assist you along the way becomes vital in receiving the best outcome for your child.

Frequently Asked Questions

Are custody decisions (parenting plans) binding? Can they be altered?
Parenting plans become enforceable when issued and remain in effect until modified. You can petition the court to modify the parenting plan to adjust for unanticipated, material, and substantial change(s) in circumstances that no longer serve the children’s best interests.
What exactly is a Parenting Plan?
Instead of traditional legal and physical custody definitions, Florida adopted a parenting plan and time-sharing schedule. The parenting plan specifies how the parents divide decision-making
authority and responsibilities. For example, the plan sets who will be responsible for the child’s education, health care, and extracurricular activities.
A parenting plan also specifies where the child will live and the time the children spend with each parent. Again, because each family’s needs and circumstances are unique, time-sharing schedules are flexible. But, again, the facts of the case determine the timeline.
What is the Child's Best Interest Standard?
In Florida, courts consider time-sharing under the best interests of the child standard. Therefore, custody decisions are made by courts based on what is best for the child.
These factors could include the following:
The child’s age
The quality of the child’s existing relationship with the parents
The ability of either parent to provide a stable, safe environment
Which parent is more likely to encourage the child’s ongoing relationship with the other
parent
Judges have wide latitude in determining how much weight to give to each factor.

Debunking Child Custody & Timesharing Myths

Children Can Chose Which Parent To Live With.

Children, especially young children, are not mature enough to make the decision of which parent they should be with in the eyes of the court. The reasonable preference of the child (especially older children) is one of many factors that the courts may consider in deciding timesharing. The number one factor, is always, “What is in the best interest of the children”.

Women Have an Advantage Over Men in Custody

Florida law expressly states that there is no advantage to custody based on gender. Custody is no longer a current legal term. Today the courts speak to Timesharing. Factors governing Timesharing between parents are typically guided by one overarching factor, the child’s best interest.

Courts Automatically Order A Child Time-Sharing Plan.

Child time-sharing arrangements are not required by law. The top priority is to protect the child’s best interests, meaning each parent’s current and prior relationship with the child, as well as any factors that could endanger the child, will be considered. If a mutual agreement can’t be reached, one can petition the court for a court-ordered Timesharing plan. The goal is to foster a close, loving bond between the child and both parents and to remain in each other’s lives.

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Case Study: Because legal issues rarely stand their own

Our client had gotten a divorce two years earlier. In the Marital Settlement Agreement, her former husband was to pay her 50% of the proceeds from the sale of his medical practice.

The former husband requested that she agree to a lower amount, indicating that once she exhausted that money, he would seek to obtain sole custody of their son.

She came to the office for post-judgment help.

We were able to have the spouse’s accounts frozen until he complied with the original terms of the Marital Settlement Agreement.

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Meet Our Attorneys

Ingrid Hooglander

In 2008 after gaining years of experience under the watchful eyes of her predecessors, Ms. Hooglander opened her own private practice that has grown into what Brandon Legal Group is today.

Her weight lifting and Kick Boxing training contribute to a reputation as a "force of nature" in both her personal life and her presence in the court room.

Luke Mattson

Mr. Mattson found his niche in family law and has focused his practice in that area since 2000. In particular, Luke often handles matters involving divorce, timesharing, parenting plans, child support, alimony, paternity, and civil domestic violence.

Mr. Mattson might look like he’s all business, but you'd be surprised to discover the incredible fun loving attitude he brings to the practice. When outside the courtroom, Mr. Mattson can often be found watching Lightning games or riding his bike around downtown Tampa.

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Ingrid is a gifted attorney with significant subject matter experience in family law matters. She has a ton of experience and is an expert in this practice area. She is a hard worker and puts clients first. She is able to gain exceptional results for her clients. Without hesitation I endorse Ingrid.