Child Custody Lawyer Stuart

Few issues are as important—or as emotional—as child custody disputes. A dedicated child custody lawyer can help you navigate Florida’s laws to protect your relationship with your child while ensuring their best interests remain the priority. At Kofsky Law in Stuart, Florida, we guide parents through custody negotiations, parenting plans, and court proceedings with compassion and strength. We know how much is at stake and are committed to helping you achieve a resolution that works for your family. Contact us at 561-407-0703 today for a free consultation.

How Parenting Plans Work in Florida Custody Cases

When parents separate or divorce in Florida, one of the most important issues that must be resolved is how they will share responsibilities for raising their child. Florida no longer uses terms like “custody” or “visitation.” Instead, the courts require parents to follow a parenting plan. A parenting plan is a detailed agreement that outlines how parents will divide time with their child and make important decisions about the child’s upbringing.

For families in Stuart and throughout Florida, understanding how parenting plans work can reduce conflict and help ensure that the child’s best interests are met.

What a Parenting Plan Includes

A parenting plan is more than just a schedule of when a child will spend time with each parent. Florida law requires parenting plans to address several specific issues, including:

Timesharing schedule: The plan must clearly state the days and times the child will be with each parent, including weekdays, weekends, holidays, school breaks, and vacations.
Decision-making authority: Parents must outline how major decisions regarding education, medical care, and extracurricular activities will be made. Some plans grant shared authority, while others assign final decision-making to one parent in specific areas.
Methods of communication: Parenting plans specify how parents will communicate with each other and with the child. This may include phone calls, text messages, email, or virtual visits.
Transportation and exchanges: The plan sets rules for picking up and dropping off the child, including locations and responsibilities for transportation.

The goal is to provide a clear structure so both parents know their roles and the child experiences stability.

How Parenting Plans Are Created

Parents have two options for creating a parenting plan. They can work together to create an agreed-upon plan and submit it to the court for approval. If they cannot agree, the court will create a plan after reviewing evidence and hearing testimony.

When parents create their own plan, they often do so with the help of attorneys or mediators. Mediation is common in Florida custody cases because it gives parents a chance to resolve disputes in a cooperative setting rather than in court. Judges usually approve parenting plans that both parents agree to, provided the plan meets the child’s best interests.

If parents cannot agree, the judge steps in. The court will review the circumstances and develop a parenting plan that it believes will best serve the child. This process can be more time-consuming and stressful, which is why many families try to reach an agreement before turning the decision over to the court.

Best Interests of the Child Standard

Florida courts always use the “best interests of the child” as the guiding principle when creating or approving a parenting plan. This means that the court’s primary concern is the child’s well-being, not the convenience of the parents.

Some of the factors courts consider when deciding what arrangement is in the child’s best interests include:

The emotional bond between the child and each parent
Each parent’s ability to provide a safe and stable home
The willingness of each parent to support the child’s relationship with the other parent
The child’s school, home, and community ties
The health of the child and the parents
Any history of domestic violence, substance abuse, or neglect

Judges evaluate these factors carefully before approving or creating a plan.

Shared Parental Responsibility

In Florida, the law favors shared parental responsibility. This means both parents are expected to take part in major decisions affecting the child’s life. Shared responsibility encourages cooperation and ensures that both parents remain actively involved.

However, shared responsibility does not always mean equal time. Timesharing schedules may vary depending on the parents’ work schedules, the child’s school needs, and other practical factors. The important point is that both parents have a meaningful role in raising their child.

In some cases, the court may grant one parent sole decision-making authority if shared responsibility would harm the child. For example, if one parent has a history of abuse, addiction, or uncooperative behavior, the court may limit their role in decision-making.

Types of Timesharing Schedules

Timesharing schedules vary widely based on family needs. Some common arrangements include:

Alternating weekends: One parent has the child most of the time, and the other has weekends and possibly one evening during the week.
Rotating weeks: Parents alternate full weeks with the child.
Split schedule: Parents divide the week, with the child spending certain days with one parent and the rest with the other.
Extended holidays and summers: If parents live far apart, the child may live primarily with one parent during the school year and spend longer periods with the other during holidays or summer vacation.

The specific schedule depends on what works best for the child and the parents’ circumstances.

Modifying a Parenting Plan

Parenting plans are not set in stone. Life changes, and sometimes the plan needs to be adjusted. In Florida, either parent can request a modification if there has been a substantial and unanticipated change in circumstances.

Examples of situations that may justify modification include:

One parent relocating to a new city or state
Changes in a parent’s work schedule that make the current plan unworkable
Concerns about the child’s safety or well-being
A child’s changing needs as they grow older

The parent requesting the change must show the court that the modification is necessary and in the child’s best interests.

Enforcing a Parenting Plan

Once approved, a parenting plan becomes a court order. This means both parents are legally required to follow it. If one parent consistently violates the plan, the other can return to court to enforce it. Judges may impose penalties for violations, including makeup time, fines, or, in serious cases, changes to the timesharing arrangement.

Enforcement ensures that the parenting plan remains effective and that the child’s needs continue to be met.

Why Parenting Plans Are Important

Parenting plans provide clarity and reduce conflict. Without a clear plan, parents may disagree over schedules, decision-making, or responsibilities, which can create stress for the child. A written plan provides a framework that both parents must follow, creating consistency and predictability.

For children, stability is critical. Knowing when they will see each parent and understanding that both parents are committed to their well-being helps them adjust to the changes that come with divorce or separation.

Protect Your Children With a Child Custody Attorney

Few issues are as emotionally charged as child custody disputes. Having a child custody attorney ensures that your child’s best interests remain at the heart of the process. At Kofsky Law, we provide compassionate but firm advocacy to help you secure parenting arrangements that work for your family. We know the importance of these decisions and are here to support you at every step. Call Kofsky Law today at 561-407-0703 to schedule your free consultation and let us help you protect your relationship with your child.