INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.9--
PARENTING PLAN
When should this form be used?
This form should be used in all cases involving time-sharing with any minor child(ren), even when time- sharing is not in dispute. If the case involves supervised time-sharing, the Supervised/Safety Focused Parenting Plan, O“ Florida Supreme Court Approved Family Law Form 12.9– should be used.
This form should be typed or printed in black ink. If an Agreement has been reached, both parties must sign the Parenting Plan and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing). If an agreed Parenting Plan is not filed by the parties, the Court shall establish a Plan.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and the instructions for the petition and/or answer that were filed in this case.
Special notes...
At a minimum, the Parenting Plan must describe in adequate detail:
$How the parties will share and be responsible for the daily tasks associated with the upbringing of the child(ren),
$The time-sharing schedule arrangements that specify the time that the minor child(ren) will
spend with each parent,
$A designation of who will be responsible for any and all forms of health care, school-related matters, other activities, and
$The methods and technologies that the parents will use to communicate with the child(ren).
The best interests of the child(ren) is the primary consideration in the Parenting Plan. In creating the Parenting Plan, all circumstances between the parties, including the parties’ historic relationship, domestic violence, and other factors must be taken into consideration.
This standard form does not include every possible issue that may be relevant to the facts of your case. The Parenting Plan should be as detailed as possible to address the time-sharing schedule. Additional provisions should be added to address all of the relevant factors. The parties should give special consideration to the age and needs of each child.
In developing the Parenting Plan, you may wish to consult or review other materials which are available at your local library, law library or through national and state family organizations.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O‘ Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT
IN AND FOR _________________ COUNTY, FLORIDA
Case No: _____________________
Division: _____________________
_______________________________
Petitioner,
and
_______________________________
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Respondent. |
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PARENTING PLAN |
This parenting plan is: (T Choose only one) |
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A Parenting Plan submitted to the court with the agreement of the parties. |
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A proposed Parenting Plan submitted by or on behalf of: |
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(Parent’s Name)_______________________________________________. |
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A Parenting Plan ordered by the court. |
This parenting plan is: (T Choose only one) |
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A Final Parenting Plan signed by the court. |
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A temporary Parenting Plan signed by the court. |
[ ] A Modification of a prior Final Parenting Plan or prior final order.
I.PARENTS Mother
Name:__________________________________________________________________
Address:________________________________________________________________
Telephone Number:_______________________________________________________
E-Mail:_________________________________________________________________
Father
Name:__________________________________________________________________
Address:________________________________________________________________
Telephone Number:_______________________________________________________
E-Mail:_________________________________________________________________
II.CHILDREN: This parenting plan is for the following child(ren) born to, or adopted by the parties:
NameDate of Birth Sex
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
III.JURISDICTION
The United States is the country of habitual residence of the child(ren).
The State of Florida maintains the most significant contacts with the child(ren) and is the most appropriate forum for addressing parenting contact and time-sharing.
The State of Florida is the child(ren)’s home state for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
This Parenting Plan is a child custody determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. ss 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25, 1980.
IV. |
PARENTAL RESPONSIBILITY AND DECISION MAKING |
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1. |
Parental Responsibility (T Choose only one) |
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G |
Shared Parental Responsibility. |
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It is in the best interests of the child(ren) that the parties have full parental rights to make major |
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decisions affecting the welfare of the child(ren). Major decisions include, but are not limited to, |
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decisions about the child(ren)’s education, non-emergency healthcare, and religious training. |
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The major decisions regarding the child(ren) are shared between the Mother and Father as follows: |
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Education/Academic decisions |
[ ] Mother |
[ ] Father |
[ ] Both |
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Non-emergency health care |
[ ] Mother |
[ ] Father |
[ ] Both |
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Extra-curricular activities |
[ ] Mother |
[ ] Father |
[ ] Both |
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Religion/Religious Training |
[ ] Mother |
[ ] Father |
[ ] Both |
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___________________________ |
[ ] Mother |
[ ] Father |
[ ] Both |
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___________________________ |
[ ] Mother |
[ ] Father |
[ ] Both |
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___________________________ |
[ ] Mother |
[ ] Father |
[ ] Both |
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OR
GSole Parental Responsibility:
It is in the best interests of the child(ren) that the [ ] Mother [ ] Father shall have sole authority to make major decisions for the child(ren.)
2.Day-to-Day Decisions
Each parent shall make decisions regarding day-to-day care and control of each child while the child is residing with the parent. Regardless of the allocation of decision making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child(ren) when the child is residing with that parent. A parent who makes an emergency decision shall share the decision with the other parent as soon as reasonably possibly.
V.INFORMATION SHARING. Unless otherwise indicated or ordered by the Court:
Both parents shall have access to medical and school records pertaining to the child(ren) and shall be permitted to independently consult with any and all professionals involved with the child(ren). The parents shall cooperate with each other in sharing information related to the health, education, and welfare of the child(ren) and they shall sign any necessary documentation ensuring that both parents have access to said records.
Each parent shall be responsible for obtaining records and reports directly from the school and health care providers.
Both parents have equal rights to inspect and receive governmental agency and law enforcement records concerning the child(ren).
Both parents shall have equal and independent authority to confer with the child(ren)’s
school, day care, health care providers, and other programs with regard to the child(ren)’s educational, emotional, and social progress.
Both parents shall be listed as “emergency contacts” for the child(ren).
Each parent has a continuing responsibility to provide a residential, mailing, or contact address and contact telephone number to the other parent. Each parent shall notify the other parent in writing within 24 hours of any changes. Each parent shall notify the court in writing within seven (7) days of any changes.
VI. |
TIME SHARING SCHEDULE |
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1. |
Weekday and Weekend Schedule |
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The following schedule shall apply beginning _________________________. The first weekend |
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shall be with the [ ] Mother [ ]Father. |
A.The child(ren) shall spend time with the Mother on the following dates and times:
WEEKENDS: G Every G Every Other G Other (specify) _________
From________________________ to ____________________________.
WEEKDAYS: Specify days ___________________________________
From ________________________ to ____________________________.
OTHER: (Specify) ____________________________________________
____________________________________________________________
___________________________________________________________.
B.The child(ren) shall spend time with the Father on the following dates and times:
WEEKENDS: G Every G Every Other G Other (specify) _________
From________________________ to ____________________________.
WEEKDAYS: Specify days ____________________________________
From ________________________ to ____________________________.
OTHER: (Specify) ____________________________________________
____________________________________________________________
___________________________________________________________.
C.Check box if there is a different time sharing schedule for any child. Complete a separate Attachment for each child for whom there is a different time sharing schedule.
G There is a different time-sharing schedule for the following child(ren) in Attachment
____.
______________________________, and _________________________.
(Name of Child) |
(Name of Child) |
2.Holiday Schedule (T Choose only one)
G No holiday time sharing shall apply. The regular time-sharing schedule set forth above shall apply.
G Holiday time-sharing shall be as the parties agree.
G Holiday time-sharing shall be in accordance with the following schedule. The Holiday schedule will take priority over the regular weekday, weekend, and summer schedules. Fill in the blanks with Mother or Father to indicate where the child(ren) will be for the holidays. Provide the beginning and ending times. If a holiday is not specified as even, odd, or every year with one parent, then the child(ren) will remain with the parent in accordance with the regular schedule
Holidays |
Even Years |
Odd Years |
Every Year |
Begin/End Time |
Mother’s Day |
__________ |
_________ |
__________ |
_________________ |
Father’s day |
__________ |
_________ |
__________ |
_________________ |
President’s Day |
__________ |
_________ |
__________ |
_________________ |
Martin Luther King Day |
________ |
_________ |
__________ |
_________________ |
Easter |
__________ |
_________ |
__________ |
_________________ |
Passover |
__________ |
_________ |
__________ |
_________________ |
Memorial Day Weekend |
________ |
_________ |
__________ |
_________________ |
4th of July |
__________ |
_________ |
__________ |
_________________ |
Labor Day Weekend |
__________ |
_________ |
__________ |
_________________ |
Columbus Day Weekend |
_______ |
_________ |
__________ |
_________________ |
Halloween |
__________ |
_________ |
__________ |
_________________ |
Thanksgiving |
__________ |
_________ |
__________ |
_________________ |
Hanukkah |
__________ |
_________ |
__________ |
_________________ |
Yom Kippur |
__________ |
_________ |
__________ |
_________________ |
Rosh Hashanah |
__________ |
_________ |
__________ |
_________________ |
Child(ren)’s Birthdays |
__________ |
_________ |
__________ |
_________________ |
_______________ |
__________ |
_________ |
__________ |
_________________ |
_______________ |
__________ |
_________ |
__________ |
_________________ |
This holiday schedule may affect the regular Time-Sharing Schedule. Parents may wish to specify one or more of the following options:
QWhen the parents are using an alternating weekend plan and the holiday schedule would result in one parent having the child(ren) for three weekends in a row, the alternating weekend pattern will restart so that neither parent will go without having the child(ren) for more than two weekends in a row.
QIf a parent has the child(ren) on a weekend with an unspecified holiday or non-school day, they shall have the child(ren) for the holiday or non-school day.
3.Winter Break (T Choose only one)
G The [ ] Mother [ ] Father shall have the child(ren) from the day and time school is dismissed until December _____ at ___ a.m./p. m in [ ]odd-numbered years [ ] even- numbered years [ ] every year. The other parent will have the children for the second one- half of the Winter Break. The parties shall alternative the arrangement each year.
G The [ ]Mother [ ]Father shall have the child(ren) for the entire Winter Break during [ ] odd-numbered years [ ] even-numbered years [ ] every year.
G Other: ______________________________________________________
____________________________________________________________
___________________________________________________________.
4.Spring Break (T Choose only one)
G The parents shall follow the regular schedule.
G The parents shall alternative the entire Spring Break with the Mother having the child(ren) during the [ ]odd-numbered years [ ]even numbered years.
G The [ ]Father [ ]Mother shall have the child(ren) for the entire Spring Break every year.
G The Spring Break will be evenly divided. The first half of the spring Break will go to the parent whose regularly scheduled weekend falls on the first half and the second half going to the parent whose weekend falls during the second half.
GOther:______________________________________________________.
5.Summer Break (T Choose only one)
GThe parents shall follow the regular schedule through the summer.
GThe [ ] Mother [ ] Father shall have the entire Summer Break from __________ after school is out until _______________ before school starts.
GThe parents shall equally divide the Summer Break. During [ ] odd-numbered years [ ] even numbered years, the [ ] Mother [ ] Father shall have the children from ________
after school is out until ________. The other parent shall have the child(ren) for the
second one-half of the summer break. The parents shall alternative the first and second one-halves each year unless otherwise agreed. During the extended periods of time- sharing, the other parent shall have the child(ren) ______________________________.
GOther:______________________________________________________
___________________________________________________________.
6.Number of Overnights:
Based upon the time-sharing schedule, the Mother has a total of _____ overnights per year and the Father has a total of _____ overnights per year. Note: The two numbers must equal 365.
VII. TRANSPORTATION AND EXCHANGE OF CHILD(REN)
1.Transportation (T Choose only one)
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The [ ] Mother [ ] Father shall provide all transportation. |
GThe parent beginning their time-sharing shall provide transportation for the child(ren).
GOther: _____________________________________________________.
2.Exchange (T Choose only one)
Both parents shall have the child(ren) ready on time with sufficient clothing packed and ready at the agreed upon time of exchange. If a parent is more than ______ minutes late without contacting the other parent to make other arrangements, the parent with the child(ren) may proceed with other plans and activities.
GExchanges shall be at Mother’s and Father’s homes unless both parents agree to a different meeting place.
GExchanges shall occur at _______________________________________
____________________________________________________________ unless both parties agree in advance to a different meeting place.
GOther: _____________________________________________________.
3.Transportation Costs (T Choose only one)
GTransportation costs are included in the Child Support Worksheets and/or the Order for Child Support and should not be included here.
GThe Mother shall pay ______% and the Father shall pay ______ % of the transportation costs.
GOther: _____________________________________________________.
4.Foreign and Out-Of-State Travel (T Choose only one)
GEither parent may travel with the child(ren) during his/her time-sharing. The parent traveling with the child(ren) shall give the other parent at least ____ days written notice before traveling out of state unless there is an emergency, and shall provide the other parent with a detailed itinerary, including locations and telephone numbers where the child(ren) and parent can be reached at least ____ before traveling.
GEither may travel out of the country with the child(ren) during his/her time-sharing. At least ___ days prior to traveling, the parent shall provide detailed itinerary, including locations, and telephone numbers where the child(ren) and parent may be reached during the trip. Each parent agrees
to provide whatever documentation is necessary for the other parent to take the
child(ren) out of the county.
GIf a parents wishes travel out of the country with the children, he/she shall provide the following security for the return of the child ______________
___________________________________________________________.
GOther _____________________________________________________.
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SCHOOL DESIGNATION |
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For school and school district purposes, the [ ] Mother [ ]Father’s address shall be designated. |
IX. |
DESIGNATION OF CUSTODIAN FOR OTHER LEGAL PURPOSES |
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The child(ren) named in this Parenting Plan are scheduled to reside the majority of the time with the [ ] |
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Mother [ ] Father. This parent is designated as the custodian of the child(ren) SOLELY for purposes of all |
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other state and federal statutes which require a designation or determination of custody. This designation |
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does not affect either parent’s rights and responsibilities under this parenting plan. |
X.COMMUNICATION
1.Between Parents
All communications regarding the child(ren) shall be between the parents. The parents shall not use the child(ren) as messengers to convey information, ask questions, or set up schedule changes.
The parents shall communicate with each other by:
G in person
G by telephone
Gby letter
Gby e-mail
GOther:_____________________________________________________.
2.Between Parent and Child(ren)
Both parents shall keep contact information current. Telephone or other electronic communication shall not be monitored by or interrupted by the other parent. “Electronic communication” includes telephones, electronic mail or e-mail, webcams, video-conferencing equipment and software or other wired or wireless technologies or other means of communication to supplement face-to face contact.
The child(ren) may have [ ] telephone [ ] e-mail [ ] other electronic communication in the form of
___________________________________ with the other parent:
GAnytime
GEveryday during the hours of _______________ to _________________.
GOn the following days_________________________________________
during the hours of _____________________ to ___________________.
GOther:______________________________________________________.
3.Costs of Electronic Communication
The Mother shall pay _____% and the Father shall pay _____% of the additional costs incurred in order to
implement electronic communication with the child(ren).
XI. |
CHILD CARE (T Choose only one) |
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Each parent may select appropriate child care providers |
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All child care providers must be agreed upon by both parents. |
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Each parent must offer the other parent the opportunity to care for the child(ren) before using a |
child care provider for any period exceeding _______ hours.
GOther ____________________________________________________________.
XII. CHANGES OR MODIFICATIONS OF THE PARENTING PLAN
This Parenting Plan may be modified or varied on a temporary basis when both parents agree in writing. When the parents do not agree, the Parenting Plan remains in effect.
Any substantial changes to the Parenting Plan must be sought through the filing of a supplemental petition for modification.
XIII. RELOCATION
Any relocation of the child(ren) is subject to and must be sought in compliance with s. 61.13001, Fla. Stat.
XIII. DISPUTES
Parents shall attempt to cooperatively resolve any disputes which may arise over the terms of the Parenting Plan. If such attempt fails (T Choose only one):
GThe parents shall use mediation or other dispute resolution methods before filing a court action.
GMediation or other dispute resolution methods will NOT be required prior to filing a court action.
XIV. OTHER PROVISIONS
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________.
SIGNATURE OF PARENTS
I certify that I have been open and honest in entering into this Parenting Plan. I am satisfied with this Plan and intend to be bound by it.
Dated: _____________________________ __________________________________
Signature of Father
Printed Name: _______________________
Address: ____________________________
City, State, Zip: ______________________
Telephone Number: ___________________
Fax Number: ________________________
STATE OF FLORIDA
COUNTY OF ____________________.
Sworn to or affirmed and signed before me on ____________ by ________________________.
___________________________________
NOTARY PUBLIC or DEPUTY CLERK
___________________________________
[Print, type, or stamp commissioned name of notary or clerk]
__ Personally known
__ Produced identification. Type of identification produced _____________________________.
__________________________________
Signature of Mother
Printed Name: _______________________
Address: ____________________________
City, State, Zip: ______________________
Telephone Number: ___________________
Fax Number: ________________________
I certify that I have been open and honest in entering into this Parenting Plan. I am satisfied with this Plan and intend to be bound by it.
Dated: _____________________________
STATE OF FLORIDA
COUNTY OF ____________________.
Sworn to or affirmed and signed before me on ____________ by ________________________.
___________________________________
NOTARY PUBLIC or DEPUTY CLERK
___________________________________
[Print, type, or stamp commissioned name of notary or clerk]
__ Personally known
__ Produced identification. Type of identification produced _____________________________.
ORDER OF THE COURT
It is ordered and adjudged that the Parenting Plan set forth above is adopted and approved as an order of this court. ORDERED ON ___________________________.
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CIRCUIT JUDGE
COPIES TO:
Father (or his Attorney)
Mother (or her Attorney)
Other