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John F. Schutz, P.L. | Marital and Family LawJohn F. Schutz, P.L. | Marital and Family Law
  • Home
  • Our Approach
    • Our Accreditations
  • Meet The Firm
  • Practice Areas
    • Divorce
    • Marital Property Division
    • Alimony
    • Child Custody
    • Appeals
    • Child Support
    • Mediation
    • Pre & Postnuptial Agreements
    • Collaborative Divorce Law
    • Child Relocation
    • International Custody & Child Abduction
    • Paternity
  • Family Law Blog
  • Contact Us

Child Custody

Home Practice AreasChild Custody

Can you imagine the State of Florida telling you how your child is going to be raised? Parents who fail to resolve disputes among themselves delegate much of their parental authority to a judge. A judge is a government official who may not share the parents’ values. Judges decide where your children live, how often you get to see your children, and what parenting decisions you are allowed to make.

Once a judge makes a parenting decision, it is seldom changed. Appeals and modifications of custodial decisions are exceedingly difficult and rarely successful.

The Parenting Plan

The idea of child custody—where, in the past, one parent was declared to have primary custody of the child—has been replaced in Florida law with the concept of a Parenting Plan. A Parenting Plan is a document created to govern the time sharing between the parents and children, and how decisions for the children be made.

The Parenting Plan must contain a time-sharing schedule for the parents and child. The issues covered by the Plan may include the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents must be taken into consideration, including their historic relationship, domestic violence, and other factors.

Parenting Plans spell out details such as where the children spend their time and who picks them up and drops them off. They are enforceable in court against either parent, so it makes sense to spend some time on them. With knowledge of changing Florida child custody laws, John F. Schutz, P.L. will help develop a Parenting Plan that will work best for you, your children, and all other involved parties.

What does "Shared Parental Responsibility" mean?
Parental Responsibility is the authority a Court can grant to one or both parents to make major child-rearing decisions. The Court may grant either sole or shared parental responsibility on all or singular issues.

Shared Parental Responsibility is a court-ordered relationship in which both parents retain full parental rights and responsibilities. The parents are ordered to confer with one another so that major decisions affecting the welfare of the minor child will be determined jointly.

Sole Parental Responsibility is a court-ordered relationship in which one parent unilaterally makes decisions regarding the minor child.

What schedule does the court utilize in determining time sharing?
Each county has a different model time sharing schedule that has been developed in conjunction with the local Bar association’s family law section. However, case law provides that model parenting schedules are not to be used and the Court is charged with determining a schedule unique to each family.
What if the standard model time sharing schedule doesn't seem right for my case?
The model schedules are suggested schedules and not “one size fits all.” If you have concerns about the model schedule working for you and your children, it is best to bring it up in the beginning of your case. Often the Court will default to the model schedule, but if you can prove to the Court that the model is not in the best interest of your child, the Court will consider other schedules
Why do I have to attend a parenting class?
Under Florida law, both parents must attend a parenting class prior to getting a divorce. The parenting class helps parents understand their changing roles. Classes are offered in a live classroom setting or online and last approximately four hours. If there are major parenting issues, the Court can require a parent to attend a longer, more involved parenting course.

Practice Areas

Child Support

Divorce

Child Custody & Visitation

Collaborative Law

Appeals

Prenuptial & Postnuptial Agreements

Division of Marital Property & Debt

Mediation

Paternity

Spousal Support

International Custody Disputes & Child Abduction

Child Relocation

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  • John F. Schutz, P.L.
  • 11211 Prosperity Farms Road, Suite C208, Palm Beach Gardens, FL 33410
  • 561.228.7100
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John F. Schutz, P.L. serves Palm Beach, Florida, and the surrounding areas of West Palm Beach, Palm Beach Gardens, North Palm Beach, Boca Raton, Delray Beach, Wellington, Jupiter, Manalapan, Stuart, Sewall’s Point, Tequesta, Abacoa and other areas, including all of Palm Beach County, Martin County and South Florida.