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Creating a Parenting Plan Through Pre-Suit Divorce Mediation in Florida
|When couples with minor children divorce in Florida, creating a well-structured parenting plan is one of the most critical steps to finalizing their dissolution. A parenting plan establishes how parents share responsibilities and decision-making for their children post-divorce. While the process can be complex, divorce mediation offers a practical and effective way to create a parenting plan that serves the children’s best interests and satisfies both parents.
Here, attorney/mediator Beth Reineke explains.
What is a Parenting Plan?
A parenting plan is a legally binding document that outlines how parents will co-parent after divorce. In Florida, a parenting plan is required in any divorce involving minor children.
It addresses various aspects, including:
- Timesharing schedules: A clear outline of when the child will spend time with each parent, covering weekdays, weekends, holidays, and vacations.
- Decision-making authority: Specifies how decisions about education, healthcare, extracurricular activities, and religion will be made.
- Communication: Guidelines for how parents and children communicate, including methods, frequency, and response expectations.
- Transportation and exchange: Arrangements for transporting the child between homes, school, and activities.
Why Use Pre-Suit Mediation to Create a Parenting Plan?
Pre-suit divorce mediation involves a neutral third party who helps parents negotiate the terms of their parenting plan outside of court.
Here’s why it is often a better approach:
- Cost-effective: Mediation generally costs less than litigation, saving parents significant expenses.
- Faster resolution: Mediation typically moves more quickly than court proceedings, allowing for a timely resolution.
- Greater control: Parents have more control over the outcome, as they actively shape the parenting plan rather than leaving decisions to a judge.
- Flexibility: Mediation allows parents to create customized solutions tailored to their child’s needs and family dynamics.
Key Considerations When Drafting a Parenting Plan
When developing a parenting plan through pre-suit or court ordered mediation, there are several important considerations:
- Prioritize the Child’s Needs
The plan must focus on the child’s best interests. It should promote stability and address the child’s developmental, emotional, and educational needs.
- Establish a Realistic Time-Sharing Schedule
The time-sharing schedule should be practical and accommodate both parents’ work commitments, the child’s school schedule, and extracurricular activities. A realistic plan minimizes disruptions and potential conflicts.
- Detail Decision-Making Responsibilities
A well drafted Parenting Plan clearly defines which parent is responsible for deciding significant issues, such as education and medical care. Most plans use joint decision-making for all matters, but some divide decision-making based on specific issues.
- Include Conflict Resolution Methods
It’s wise to outline a process for resolving disputes that may arise later. This could include returning to mediation or using another alternative dispute resolution method before pursuing court intervention.
- Plan for Changes in Circumstances
A parenting plan should be adaptable to known changes in circumstances, such as a parent’s impending relocation or an expected change in the child’s needs. You may wish to include provisions for modifying the plan in the future to accommodate these changes.
How the Pre-Suit Mediation Process Works for Parenting Plans
- Initial Session: Our skilled mediator, Beth Reineke, will begin by understanding each parent’s concerns, priorities, and expectations regarding the parenting plan.
- Information Gathering: Parents will share relevant information about the child’s needs, living arrangements, school schedule, and other factors.
- Negotiation: With our mediator’s guidance, parents negotiate each aspect of the parenting plan, addressing timesharing, decision-making, and other vital details.
- Drafting the Plan: Once an agreement is reached, our experienced attorney/mediator drafts the parenting plan for both parents to review prior to signing.
- Finalizing the Plan: After review and any final adjustments, the parents sign their parenting plan with the mediator, and then the parenting plan is submitted to the court for approval and becomes part of the divorce decree.
Creating a parenting plan through pre-suit mediation offers a straightforward, cost-effective path to resolving co-parenting issues. Florida law requires a detailed parenting plan, and mediation allows parents to craft a practical agreement focused on the child’s current and future needs. While pre-suit mediation is not suitable for every instance, it is often the most efficient and effective way to establish a workable co-parenting framework.
If you are considering pre-suit divorce mediation in Florida, consult our experienced mediator/attorney to ensure your parenting plan will comply with state law and serves the best interests of your children.
Our experienced mediator provides both in-person and virtual alternative dispute resolution (ADR) sessions, giving Florida residents the convenience and flexibility they need to fully engage in the mediation process. These sessions foster effective communication between parties, guiding them toward mutually agreeable solutions tailored to their specific family law matters.
Contact Beth Reineke to discuss whether your family law needs are a good fit for pre-suit mediation or another form of ADR during a free phone consultation.
