Parenting plans—also known as custody agreements or custody and visitation agreements—are proposals submitted by parents for how issues involving children should be handled following a divorce or other proceeding in family court. The court will usually request the parents submit such a document proposing how conservatorship (decision-making), custody or possession, support, and other issues will be handled. The court may adopt some or all of these proposals and include them in the court’s order (divorce decree, child support and custody order), at which point the become legally enforceable.
In many states there is a standard possession order (SPO) that serves as the default terms for such matters, and as a useful starting point for parents who wish to modify it by agreement.
In Florida, parenting plans are required in all cases involving time-sharing with minor child(ren), even when time-sharing is not in dispute. The parenting plan must be developed and agreed upon by the parents and approved by the court. If the parents cannot agree, the court will establish the plan. Florida Statutes Section 61.13 outlines the factors that the court considers when approving or creating a parenting plan, which includes the child's best interests as the primary consideration. Factors include the capacity of each parent to facilitate and encourage a close and continuing parent-child relationship, the division of parental responsibilities, and the geographic viability of the plan. Florida does not use the term 'conservatorship' commonly, but rather focuses on parental responsibility and time-sharing. The state does not have a standard possession order (SPO) like some other states, but Florida law does provide guidelines to establish a parenting plan that is in the best interest of the child(ren). Once approved by the court, the parenting plan is legally enforceable.