On This Page
- What Is a Parenting Plan?
- What If Parents Cannot Agree?
- Must Parents Agree on Everything?
- Can Each Parent Propose a Plan?
- Does the Judge Choose a Plan?
- What Does the Court Consider?
- Does Florida Presume 50/50?
- Can Mediation Help?
- What Happens in Mediation?
- What Is Parenting Coordination?
- Can the Court Order an Investigation?
- Who Decides the Child’s School?
- What About Medical Decisions?
- How Are Holidays Decided?
- Transportation and Exchanges
- Can the Child Choose?
- What If a Parent Won’t Cooperate?
- Domestic Violence and Safety
- What Evidence Can Help?
- Temporary Parenting Arrangements
- What Happens After the Order?
- Can the Plan Be Modified?
- Frequently Asked Questions
- Key Takeaway
What Happens When Parents Cannot Agree on a Parenting Plan?
Florida parents do not always agree about how their children should divide time between households or how important parenting decisions should be made. They may disagree about time-sharing, school, medical care, holidays, transportation, extracurricular activities, communication, or other provisions of a parenting plan.
A disagreement does not mean the case must remain at a standstill. Parents may continue trying to resolve disputed issues through negotiation, mediation, or other appropriate processes. When they cannot reach an agreement, the unresolved parenting issues can ultimately be determined by the court according to Florida law and the child’s best interests.
What Happens When Parents Cannot Agree on a Parenting Plan?
If Florida parents cannot agree on a parenting plan, the court can establish one for them. Before the court decides the unresolved issues, parents may continue trying to reach an agreement through negotiation, mediation, or other appropriate dispute-resolution processes.
If disagreement remains, each parent may present a proposed parenting arrangement and evidence concerning the child’s needs. The judge determines unresolved issues according to Florida law and the child’s best interests. The court is not necessarily required to adopt either parent’s proposed plan exactly as submitted.
What Is a Florida Parenting Plan?
A Florida parenting plan is the framework that governs how parents will share responsibilities involving their child. It addresses more than simply determining where the child spends particular nights.
Depending on the family’s circumstances, a parenting plan can address:
- parental responsibility and important decision-making;
- the regular time-sharing schedule;
- weekdays and weekends;
- school and educational matters;
- health-care decisions;
- holidays and birthdays;
- school breaks and summer vacation;
- extracurricular activities;
- transportation and exchanges;
- travel;
- communication between the parents;
- communication between each parent and the child; and
- other provisions necessary for the child’s care and the operation of the parenting arrangement.
The Florida Courts Parenting Plan Forms 12.995 A–C provide official parenting-plan resources for Florida family-law cases.
A detailed plan can reduce future disagreements by establishing clear expectations concerning issues that might otherwise require repeated negotiation between the parents.
For a broader explanation of these provisions, see Greenberg Law’s Broward Parenting Plan and Time-Sharing Guide.
What Happens When Parents Cannot Agree on a Parenting Plan?
Parents who disagree about a parenting plan do not necessarily proceed immediately to a final court hearing. Depending on the case, they may continue negotiating disputed provisions, participate in mediation, or use other appropriate processes to try to resolve their differences.
If agreement remains impossible, unresolved parenting issues can be presented to the court.
Florida Legal Rule: The Court Can Establish the Parenting Plan
A parent’s refusal to agree does not necessarily prevent a parenting plan from being established. When the parents cannot reach an agreement, the court can determine the unresolved parenting issues according to Florida law and the child’s best interests.
Under Florida Statute § 61.13, the court considers the statutory factors relevant to parental responsibility, parenting plans, and time-sharing when determining the child’s best interests.
The court’s role is not simply to declare one parent the winner of the disagreement. The objective is to establish a parenting arrangement that addresses the child’s needs and complies with Florida law.
Do Parents Have to Agree on Every Part of the Parenting Plan?
No. Parents may reach agreement about some parenting issues while remaining unable to resolve others.
For example, parents might agree about:
- which school the child will attend;
- how medical information will be exchanged;
- how summer vacation will be handled;
- certain holiday arrangements; or
- how the child will communicate with each parent.
At the same time, they might remain unable to agree about:
- the regular weekly time-sharing schedule;
- whether time-sharing should be equal;
- particular holidays;
- transportation and exchanges; or
- how certain important decisions will be made.
Reaching agreement on some provisions can narrow the dispute. Instead of asking the court to determine every detail of the parenting arrangement, the parents can focus on the issues that genuinely remain unresolved.
Can Each Parent Submit a Proposed Parenting Plan?
Yes. When parents cannot agree on a complete parenting plan, proposed plans can help identify the arrangement each parent believes should be established.
Florida’s official parenting-plan instructions contemplate circumstances in which parents do not file an agreed parenting plan and the court must establish the parenting arrangement.
A proposed parenting plan should be more than a request for the greatest possible number of overnights. It should explain how the arrangement can function in the child’s everyday life.
Depending on the disputed issues, a proposed plan may need to address:
- school and educational schedules;
- regular time-sharing;
- holidays and school breaks;
- transportation;
- the parents’ work schedules;
- extracurricular activities;
- exchanges;
- communication;
- decision-making responsibilities; and
- the child’s developmental and practical needs.
A realistic proposal can help the court understand not merely what a parent wants, but how the proposed parenting arrangement would actually work for the child.
Does the Judge Have to Choose One Parent’s Proposed Parenting Plan?
No. Parents should not assume that a contested parenting-plan case requires the judge to select either one parent’s entire proposal or the other’s.
The court’s responsibility is to establish a parenting arrangement that complies with Florida law and serves the child’s best interests.
The judge may find certain provisions proposed by one parent appropriate while reaching a different conclusion about other provisions. The final parenting plan can address the disputed issues based on the evidence and the child’s circumstances rather than simply adopting one side’s proposal word for word.
The better question is therefore not, “Which parent’s parenting plan will win?”
It is, “What parenting arrangement will the court determine is in the child’s best interests?”
What Does the Court Consider When Parents Cannot Agree?
When parents cannot resolve their parenting disagreements, the court determines the disputed issues according to the best interests of the child.
Florida Statute § 61.13 identifies numerous factors that can be relevant when a court establishes parental responsibility, a parenting plan, and a time-sharing schedule.
Depending on the circumstances, the court can consider matters involving:
- each parent’s ability and willingness to support the child’s relationship with the other parent;
- how parenting responsibilities will actually be divided;
- each parent’s ability to place the child’s needs ahead of the parent’s own desires;
- the child’s need for stability and continuity;
- the geographic practicality of the proposed parenting arrangement;
- the child’s home, school, and community record;
- each parent’s knowledge of and involvement in the child’s life;
- historical parenting responsibilities;
- the parents’ ability to communicate and cooperate regarding the child;
- the child’s developmental needs;
- the child’s reasonable preference when legally appropriate;
- domestic violence, abuse, abandonment, or neglect;
- substance abuse when relevant to the child’s welfare; and
- other circumstances affecting the child’s best interests.
The court considers evidence connected to the child and the proposed parenting arrangements rather than simply accepting either parent’s assertion that his or her plan is better.
For a more detailed discussion of these factors, see Greenberg Law’s How Is Time-Sharing Determined in Florida?
Does Florida Presume 50/50 Time-Sharing When Parents Disagree?
Florida law currently establishes a rebuttable presumption that equal time-sharing is in the best interests of a minor child. This is an important consideration when the parents disagree about the time-sharing provisions of their parenting plan.
However, a rebuttable presumption does not mean that every contested parenting case automatically results in an identical 50/50 schedule.
A parent may seek to establish that equal time-sharing is not in the particular child’s best interests. The court considers the applicable legal standard, statutory factors, and evidence concerning the child and family.
Parents should therefore distinguish between a presumption favoring equal time-sharing and an automatic equal schedule regardless of the circumstances. They are not the same thing.
For additional information, see Greenberg Law’s 50/50 Custody in Florida Explained.
Can Mediation Help Parents Reach a Parenting Plan?
Yes. Mediation can give parents an opportunity to resolve some or all of their parenting disagreements without requiring the judge to decide every disputed provision.
A mediator does not simply determine which parent is correct or impose a parenting plan on the family. Instead, mediation provides a structured setting in which parents can attempt to identify areas of agreement and negotiate solutions to unresolved issues.
Potential subjects for mediation can include:
- the regular time-sharing schedule;
- holidays and school breaks;
- summer vacation;
- school-related issues;
- transportation and exchanges;
- extracurricular activities;
- communication;
- travel; and
- procedures for reasonable schedule changes.
Mediation does not guarantee that parents will reach a complete agreement. Even a partial agreement can be valuable because it reduces the number of issues that remain for the court to determine.
The Seventeenth Judicial Circuit’s Court Mediation and Arbitration Program provides information concerning family mediation and other dispute-resolution services available in Broward County.
What Happens During Family Mediation?
The exact mediation process can depend on the case, but the objective is to determine whether the parents can resolve disputed parenting issues through agreement.
Parents should approach mediation prepared to discuss practical solutions rather than simply repeat their litigation positions.
For example, a parent may initially say, “I want every weekend.” A useful discussion may require consideration of additional questions:
- What activities does the child have on weekends?
- How will the child maintain meaningful time with both parents?
- What are each parent’s work obligations?
- How will transportation operate?
- How should holiday weekends be handled?
- Does the schedule interfere with school responsibilities?
- How will family events and special occasions be addressed?
If the parents reach an appropriate agreement, the resolved provisions can be addressed through the family-law process.
If mediation resolves only some issues, the remaining disputes can still be presented to the court. Parents do not necessarily lose the progress they made simply because mediation did not resolve the entire case.
Mediation vs. a Court-Determined Parenting Plan
Mediation and a court hearing provide different ways of resolving parenting-plan disputes. Understanding the distinction can help parents evaluate why reaching an agreement on appropriate issues may be valuable.
| Issue | Mediation | Court Decision |
|---|---|---|
| Who Determines the Result? | The parents negotiate the terms they are willing to resolve. | The judge determines the unresolved parenting issues. |
| Is Parental Agreement Required? | Yes, an agreement requires the parents to accept the resolved terms. | No. The court can decide unresolved issues even when the parents continue to disagree. |
| Can Only Some Issues Be Resolved? | Yes. Parents may reach a partial agreement and leave other issues unresolved. | The court can determine the issues that remain contested. |
| Primary Parenting Focus | Developing mutually acceptable and workable parenting terms. | Determining the child’s best interests under Florida law. |
| Final Parenting Terms | Based on the parents’ agreement and handled through the appropriate legal process. | Established through the court’s ruling and resulting order. |
Mediation can give parents greater control over the details of their parenting arrangement. When agreement is not possible, however, the court remains available to determine the unresolved issues.
What Is Parenting Coordination?
Parenting coordination is different from mediation. It is a child-focused process that may be used in certain cases to help parents implement a parenting plan, improve communication, and address recurring parenting disputes.
The Seventeenth Judicial Circuit Family Court Services provides information concerning parenting coordination and other family-court services in Broward County.
Depending on the circumstances and the scope of the court’s order, parenting coordination may help parents address recurring issues involving:
- implementation of the parenting plan;
- communication between parents;
- schedule-related disputes;
- exchanges;
- interpretation of parenting provisions; and
- other recurring conflicts involving the child’s parenting arrangement.
Parenting coordination should not be confused with giving another person unrestricted authority to rewrite the parenting plan. The parenting coordinator’s role is governed by Florida law and the applicable court order.
Who Decides Where the Child Goes to School When Parents Disagree?
School decisions can become a significant source of conflict when parents cannot agree on a parenting plan. Parents may live in different school zones, prefer different schools, disagree about public or private education, or have different views about a child’s educational needs.
Disagreements may involve:
- which school the child will attend;
- whether the child should change schools;
- public, private, charter, or other educational options;
- special educational services;
- transportation to and from school;
- before- and after-school care;
- extracurricular activities; and
- the effect of each parent’s residence on the child’s school routine.
How educational decisions are made can depend on the parenting plan, the allocation of parental responsibility, and the circumstances of the particular case.
When parents cannot resolve an important school issue themselves, the court may need to determine the disputed matter according to Florida law and the child’s best interests.
What Happens When Parents Disagree About Medical Decisions?
Parents can also disagree about important medical and health-care decisions affecting their child. Disputes may involve physicians, treatment, therapy, medication, evaluations, dental care, mental-health services, or other health-related matters.
The parenting plan and provisions concerning parental responsibility can be important in determining how major health-care decisions are made.
A disagreement over routine or non-emergency medical care may require a different response from an urgent situation in which the child needs immediate treatment.
When parents share responsibility for important decisions but repeatedly cannot agree, the court may need to address how decision-making authority will operate based on the child’s best interests and the circumstances presented.
How Are Holidays Decided When Parents Cannot Agree?
Holiday schedules are an important part of many parenting plans because holiday provisions frequently take priority over the regular weekly time-sharing schedule.
Parents may agree—or the parenting plan may need to establish—how the child will spend:
- Thanksgiving;
- winter holidays and school break;
- spring break;
- Mother’s Day and Father’s Day;
- the child’s birthday;
- each parent’s birthday;
- three-day weekends;
- religious or cultural holidays important to the family;
- summer vacation; and
- other special occasions.
Possible arrangements include alternating holidays each year, dividing longer holiday periods, assigning particular holidays consistently to one parent, or creating another schedule appropriate for the family.
A detailed holiday schedule can prevent parents from having to renegotiate the same issues every year and can give the child greater predictability.
Who Decides Transportation and Exchanges?
Transportation and exchanges can become recurring sources of conflict when the parenting plan does not clearly define each parent’s responsibilities.
A parenting plan may need to address:
- which parent picks up the child;
- which parent returns the child;
- where exchanges occur;
- the exact exchange times;
- whether school pickup or drop-off serves as an exchange;
- how delays are communicated;
- transportation during holidays and school breaks; and
- travel responsibilities when parents live farther apart.
When parents cannot agree about transportation, the court can establish provisions designed to make the time-sharing schedule workable for the child.
Clear exchange provisions can be particularly valuable for parents who have difficulty communicating because they reduce the number of details that must be renegotiated each week.
Can a Child Choose Which Parenting Plan to Follow?
No. A minor child does not become the deciding vote simply because the parents cannot agree on a parenting plan.
Under Florida Statute § 61.13, a court may consider the reasonable preference of a child when the child has sufficient intelligence, understanding, and experience to express a preference.
The child’s preference remains one part of the broader best-interests analysis. It does not give the child responsibility for selecting between the parents’ competing parenting plans.
Parents should therefore avoid telling a child, “We can’t agree, so you have to choose.” Placing that responsibility on a child can create unnecessary emotional pressure and pull the child directly into the parents’ dispute.
For a more detailed explanation, see Greenberg Law’s Can a Child Choose Which Parent to Live With in Florida?
What If One Parent Refuses to Cooperate on a Parenting Plan?
A parent’s refusal to agree does not necessarily prevent the family-law case from moving forward or prevent a parenting plan from ultimately being established.
There is also an important difference between a parent who genuinely disagrees about what arrangement serves the child and a parent who engages in conduct intended primarily to obstruct the parenting process.
Depending on the circumstances, relevant conduct may include:
- refusing to discuss reasonable parenting proposals;
- repeatedly interfering with parenting time;
- refusing to exchange important information concerning the child;
- creating unnecessary problems with exchanges;
- involving the child in parental disputes;
- encouraging the child to reject the other parent; or
- disregarding existing court orders.
Florida’s best-interests analysis includes consideration of matters involving parental cooperation and each parent’s willingness to support the child’s relationship with the other parent.
Parents should therefore keep communications focused on legitimate parenting concerns and avoid allowing personal conflict to become the central issue.
What If Domestic Violence or Safety Concerns Exist?
Domestic violence, child abuse, neglect, serious substance misuse, threats, or other legitimate safety concerns can substantially change how a parenting-plan dispute should be handled.
These circumstances should not be treated as ordinary disagreements about weekends, holidays, or transportation.
Depending on the facts and applicable Florida law, safety issues may affect:
- parental responsibility;
- the amount or structure of time-sharing;
- whether time-sharing should be supervised;
- where exchanges occur;
- whether additional protective conditions are appropriate; and
- whether emergency court intervention should be considered.
Florida Courts provides an official Supervised/Safety-Focused Parenting Plan among its family-law parenting-plan resources.
Parents dealing with domestic violence can also review Greenberg Law’s Can a Parent Lose Custody for Domestic Violence in Florida?. When circumstances may require immediate court intervention, see Emergency Child Custody Orders in Florida.
When there is an immediate threat to a child or parent, safety should take priority over the ordinary parenting-plan negotiation process.
What Evidence Can Help When Parents Disagree About a Parenting Plan?
Evidence in a contested parenting-plan case should help the court understand the child’s circumstances, the parents’ actual parenting history, and how the competing parenting proposals would function in everyday life.
Depending on the disputed issues, potentially relevant evidence may include:
- parenting calendars and schedules;
- school and attendance records;
- communications between the parents;
- medical information when relevant;
- extracurricular schedules;
- employment and work schedules;
- transportation information;
- documentation concerning exchanges;
- evidence of historical parenting responsibilities;
- documentation concerning missed parenting time;
- evidence relevant to parental cooperation;
- evidence involving domestic violence or safety concerns; and
- other information connected to the child’s best interests.
Evidence Should Explain the Parenting Issue
Parents should avoid trying to manufacture evidence or provoke the other parent into making damaging statements. A parenting case should not become a collection of every disagreement the parents have ever had.
Useful evidence generally has a connection to the child’s welfare, the parents’ ability to carry out their responsibilities, or the practicality of the proposed parenting plan.
Can Temporary Parenting Arrangements Be Established?
Depending on the circumstances and procedural posture of the case, parenting issues may need to be addressed before a final parenting plan is established.
A contested case can take time to resolve, but the child still needs a workable arrangement while the case is pending.
Temporary issues may involve:
- where the child spends time during the case;
- school-day schedules;
- weekends;
- transportation and exchanges;
- parental responsibility;
- holidays;
- communication; or
- other immediate parenting needs.
A temporary arrangement should not automatically be treated as a guarantee of the final result. The final parenting plan must still be determined according to the applicable Florida law and the child’s best interests.
How Long Does a Parenting-Plan Dispute Take?
There is no single timeline for every contested parenting-plan case. A dispute involving one unresolved scheduling provision can be very different from a case involving time-sharing, school, parental responsibility, domestic violence, and multiple contested factual issues.
The amount of time required can depend on factors such as:
- the number and complexity of disputed issues;
- whether the parents reach partial agreements;
- mediation;
- discovery and evidence;
- whether a social investigation or other court-ordered process is involved;
- the complexity of the child’s needs;
- safety allegations;
- court scheduling; and
- whether an evidentiary hearing or trial is required.
Resolving appropriate issues through agreement can narrow the case, but parents should not sacrifice legitimate concerns affecting the child simply to reach a faster resolution.
What Happens After the Judge Establishes the Parenting Plan?
Once the court establishes the parenting plan and it becomes part of the court’s order, both parents are expected to follow its terms.
Depending on the case, the parenting plan may govern:
- parental responsibility;
- the regular time-sharing schedule;
- weekends;
- holidays and school breaks;
- summer vacation;
- school and educational matters;
- health-care decisions;
- transportation and exchanges;
- communication between the parents;
- communication between each parent and the child;
- travel; and
- other parenting responsibilities.
Parents should understand the final provisions carefully. When a disagreement later develops about what the parenting plan requires, simply ignoring the order or creating a unilateral replacement can cause additional legal problems.
If one parent fails to comply with an existing parenting order, the other parent may need to consider the enforcement remedies available under Florida law.
Can a Court-Ordered Parenting Plan Be Modified Later?
Potentially. A parenting plan is designed to address the child’s circumstances, but children grow and families change. A schedule that worked when a child was young may become difficult as school, activities, transportation, parental employment, or other circumstances change.
However, a parent cannot simply replace a court-ordered parenting plan because that parent now prefers another arrangement. Florida law establishes requirements for modifying parental responsibility and time-sharing.
Depending on the circumstances, a parent may consider modification when significant changes involve:
- the child’s needs;
- school or educational circumstances;
- the practicality of the existing time-sharing schedule;
- a parent’s residence;
- work schedules;
- transportation;
- persistent problems implementing the existing parenting plan;
- safety concerns; or
- other circumstances potentially relevant under Florida law.
Until an existing order is properly modified, parents should be cautious about treating an informal change as a permanent replacement for the court-ordered parenting arrangement.
Parenting-Plan Disagreements at a Glance
What happens next depends in large part on which parenting issues the parents can resolve and which remain disputed.
| Situation | What May Happen |
|---|---|
| Parents Agree on Everything | An agreed parenting plan can be submitted through the appropriate family-law process. |
| Parents Agree on Some Issues | Agreed provisions can narrow the dispute so the remaining process focuses on unresolved parenting issues. |
| Parents Cannot Agree | Negotiation, mediation, or other appropriate processes may be used before unresolved issues are presented to the court. |
| Each Parent Proposes a Different Schedule | The parents can present proposed arrangements and evidence concerning why their positions serve the child’s best interests. |
| Time-Sharing Remains Disputed | The court applies Florida law, including the child’s best interests and the applicable time-sharing requirements. |
| Child Expresses a Preference | The child’s reasonable preference may be considered when legally appropriate, but the child does not decide which parenting plan controls. |
| Safety Concerns Exist | Protective conditions, supervision, restrictions, or emergency relief may need to be considered depending on the circumstances. |
| The Court Establishes the Plan | The resulting court order governs the parents unless and until it is later modified or otherwise changed through the appropriate legal process. |
Common Mistakes When Parents Cannot Agree on a Parenting Plan
A contested parenting case can become increasingly difficult when disagreements about the child become mixed with unresolved conflict between the parents. Avoiding several common mistakes can help keep the focus on the parenting issues that actually need to be resolved.
Rejecting Every Proposal Because It Came From the Other Parent
Parents can legitimately disagree about what arrangement serves their child. Automatically rejecting a reasonable proposal solely because the other parent suggested it can make resolution more difficult and may prevent the parents from narrowing their dispute.
Treating Mediation as a Formality
Mediation can provide an opportunity to resolve meaningful parenting issues. Even when the parents cannot reach a complete agreement, resolving several disputed provisions can substantially narrow what remains for the court.
Proposing a Schedule That Does Not Work in Real Life
A parenting plan should account for school, transportation, work schedules, activities, homework, holidays, exchanges, and the child’s routines. A proposal that appears attractive on a calendar may not be practical for the child.
Asking the Child to Choose
A child should not be required to resolve the parents’ disagreement. Florida law may permit consideration of a sufficiently mature child’s reasonable preference, but that does not make the child responsible for choosing between competing parenting plans.
Using Child Support as Leverage
Child support and parenting arrangements involve separate legal issues. A financial dispute should not automatically be used as justification for interfering with parenting time or refusing to address a parenting plan.
Ignoring Safety Concerns—or Exaggerating Them
Legitimate concerns involving domestic violence, abuse, neglect, substance misuse, or another danger require serious attention. At the same time, unsupported allegations should not be manufactured or exaggerated simply to gain an advantage in a parenting dispute.
Ignoring Temporary or Existing Court Orders
Parents should comply with applicable court orders unless those orders are modified or other lawful relief is obtained. A disagreement with an existing arrangement does not automatically authorize a parent to disregard it.
Parenting-Plan Disputes in Broward County
Parents in Plantation, Fort Lauderdale, and throughout Broward County are governed by Florida law concerning parental responsibility, parenting plans, and time-sharing.
Family-law cases in Broward County are handled through the Seventeenth Judicial Circuit of Florida. Depending on the circumstances of a particular case, mediation, Family Court Services, parenting coordination, social investigations, or other court-related processes may become relevant.
The Broward County Family Court Services provides information about services available in family-law matters, including court-ordered social investigations and parenting coordination.
Local procedures can affect how a parenting dispute moves through the court system, but the ultimate parenting determination remains governed by Florida law and the child’s best interests.
When Should a Parent Speak With a Florida Child Custody Lawyer?
Parents may be able to resolve many parenting disagreements themselves or through mediation. Legal guidance can become particularly important when the disagreement affects significant parenting rights, the child’s welfare, or an existing court order.
A parent may want to speak with a Florida child custody lawyer when:
- the parents cannot agree on a parenting plan;
- each parent proposes a substantially different time-sharing schedule;
- mediation has not resolved the dispute;
- the parents disagree about school or important medical decisions;
- one parent repeatedly refuses to cooperate;
- one parent seeks equal time-sharing and the other objects;
- a child expresses a strong preference;
- domestic violence, abuse, substance misuse, or another safety concern exists;
- supervised time-sharing may need to be considered;
- temporary parenting arrangements are disputed;
- one parent is violating an existing parenting order; or
- an existing parenting plan may need to be modified.
A family-law attorney can help identify the issues that genuinely remain disputed, evaluate the evidence relevant to those issues, and explain how Florida law applies to the competing parenting proposals.
Frequently Asked Questions About Parenting-Plan Disagreements in Florida
What happens if we cannot agree on a parenting plan in Florida?
If parents cannot reach an agreement, unresolved parenting issues can ultimately be determined by the court. The judge establishes the parenting arrangement according to Florida law and the child’s best interests.
Can each parent submit a different parenting plan?
Yes. When the parents cannot agree, each parent may propose an arrangement that addresses the disputed parenting issues. The court can consider those proposals together with the evidence and applicable Florida law.
Does the judge decide the parenting plan?
If the parents cannot resolve their disagreements, the court can establish the parenting plan and determine unresolved issues involving parental responsibility and time-sharing.
Do parents have to agree on every parenting issue?
No. Parents may agree on some provisions while leaving other matters unresolved. Partial agreement can narrow the issues that ultimately require court determination.
What if we agree on time-sharing but not the child’s school?
A school disagreement can remain a disputed parenting issue even when the regular time-sharing schedule is agreed upon. The resolution can depend on parental responsibility, the child’s circumstances, and the applicable Florida law.
What if we agree on school but not 50/50 time-sharing?
The disputed time-sharing issue can be addressed separately. Florida currently has a rebuttable presumption that equal time-sharing is in a minor child’s best interests, but the presumption can be rebutted under the applicable legal standard.
Can mediation force me to accept a parenting plan?
Mediation is intended to help parents attempt to reach an agreement. A mediator does not simply impose a parenting plan because the parents disagree. Unresolved issues can remain for the court.
What if mediation resolves only some of our disagreements?
A partial resolution can still be valuable. Issues the parents successfully resolve can narrow the dispute, leaving the remaining matters to be addressed through the appropriate legal process.
Can a judge reject both parents’ proposed parenting plans?
The court is not necessarily required to adopt either parent’s entire proposal exactly as submitted. The judge’s responsibility is to establish a parenting arrangement that complies with Florida law and serves the child’s best interests.
Can a child decide which parenting plan the judge uses?
No. A child’s reasonable preference may be considered when legally appropriate, but a minor child does not select between the parents’ competing parenting plans or make the final legal decision.
Does Florida require 50/50 time-sharing when parents disagree?
Florida currently establishes a rebuttable presumption that equal time-sharing is in a minor child’s best interests. That is not the same as requiring an equal schedule regardless of the evidence or circumstances.
What if one parent refuses to negotiate?
A parent’s refusal to reach an agreement does not necessarily prevent the case from proceeding. If negotiation or mediation does not resolve the dispute, unresolved parenting issues can ultimately be presented to the court.
What if we cannot agree about holidays?
The parenting plan can establish a holiday schedule. Depending on the family, holidays may be alternated, divided, assigned in another way, or addressed through provisions appropriate to the child’s circumstances.
What if we cannot agree about transportation?
The parenting plan can establish who transports the child, where exchanges occur, when exchanges take place, and other transportation responsibilities necessary to make the time-sharing schedule workable.
Can the court order supervised time-sharing?
In appropriate circumstances, supervision or other protective conditions may be considered when legitimate concerns exist involving the child’s safety or welfare.
What happens if domestic violence is involved?
Domestic violence can substantially affect a parenting case. Depending on the circumstances, the court may need to consider safety, parental responsibility, time-sharing, exchanges, supervision, protective measures, or other appropriate relief.
Can unmarried parents have a court-ordered parenting plan?
Yes. Parenting-plan disputes are not limited to divorce cases. Unmarried parents can also establish parenting arrangements through the appropriate Florida family-law process, although paternity may need to be addressed depending on the circumstances.
Can the parenting plan be changed after the judge decides?
Potentially. Florida law permits modification when the applicable legal requirements are satisfied. Parents should not simply disregard an existing court order because they later prefer another arrangement.
Key Takeaway
When Florida parents cannot agree on a parenting plan, one parent does not automatically get veto power and the child does not have to choose between the parents.
Parents may continue trying to resolve disputed issues through negotiation, mediation, or other appropriate processes. They may also reach agreement on some provisions while leaving other issues unresolved.
If agreement cannot be reached, the court can establish the parenting plan. The judge considers Florida law, the child’s best interests, the evidence, and the circumstances of the particular family. The court is not necessarily required to adopt either parent’s proposed parenting plan exactly as submitted.
The final parenting plan can address parental responsibility, time-sharing, school, holidays, transportation, exchanges, communication, and other parenting issues necessary to create a workable arrangement for the child.
How Greenberg Law Can Help When Parents Cannot Agree
A parenting-plan dispute can range from disagreement about one holiday or exchange provision to a broader conflict involving time-sharing, school, parental responsibility, medical decisions, safety, and communication.
Greenberg Law can help parents identify which issues are genuinely disputed, evaluate possible solutions, and determine how unresolved parenting matters should be addressed under Florida law.
Depending on the circumstances, Greenberg Law can assist with matters involving:
- negotiating parenting-plan provisions;
- preparing proposed parenting plans;
- mediation and settlement efforts;
- disputes involving equal or 50/50 time-sharing;
- parental-responsibility disagreements;
- school and educational decisions;
- medical decision-making disputes;
- holiday and vacation schedules;
- transportation and exchange provisions;
- a child’s reasonable preference;
- domestic violence, abuse, or other safety concerns;
- supervised time-sharing;
- temporary parenting issues;
- enforcement of existing parenting orders; and
- modification of parenting plans and time-sharing schedules.
Resolving a parenting dispute does not necessarily require one parent to defeat the other on every issue. When appropriate agreements can be reached, parents may retain greater control over the details of their parenting arrangement. When agreement is not possible, disputed issues can be presented to the court for determination.
Speak With a Broward County Child Custody Attorney
If you and the other parent cannot agree on a parenting plan, understanding what happens next can help you make informed decisions before the disagreement becomes more difficult.
Legal guidance can be particularly important when parents disagree about time-sharing, school, parental responsibility, medical decisions, holidays, transportation, a child’s preference, or safety concerns. It can also help when mediation has not resolved the dispute or one parent refuses to cooperate with the parenting process.
Greenberg Law represents parents in Plantation, Fort Lauderdale, and throughout Broward County, Florida in matters involving parenting plans, parental responsibility, time-sharing, mediation, modification, enforcement, and other child custody disputes.
When agreement is possible, resolving appropriate parenting issues can give parents greater control over the outcome. When agreement is not possible, the court can establish the parenting arrangement according to Florida law and the child’s best interests.
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Plantation, FL 33324
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Can the Court Order a Social Investigation?
Yes, in appropriate circumstances. When a parenting plan is disputed because the parents cannot agree, Florida law permits the court to order an investigation and study concerning relevant details involving the child and each parent.
Florida Statute § 61.20 addresses social investigations and recommendations concerning parenting plans.
The purpose of an investigation is to provide the court with information relevant to the parenting determination. Depending on the circumstances and scope of the investigation, relevant matters may involve:
A social investigation is not automatically required simply because parents disagree. Whether one is ordered depends on the circumstances and the court.
What Does Broward County Family Court Services Do?
In Broward County, Family Court Services conducts court-ordered social investigations that can assist the court in making initial or modified parental time-sharing determinations.
This provides the court with additional information when appropriate, but the judge remains responsible for determining the parenting arrangement under Florida law.