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When two Florida parents decide to separate, they need to create a shared parenting plan. Before the court creates a plan, the parents have an opportunity to make one themselves. But the court must approve the plan. Find out why the court might reject a shared parenting plan.
1. You File in the Wrong Court
Before your parenting plan gets to a judge, it needs to be filed in the right place. You must file the plan in a county in which you or your partner reside. If you fail to do so, the court cannot approve your plan.
According to family law, you must do the filing process properly. If you have questions about where to file, you can speak with a Miami child support lawyer.
2. The Plan is Incomplete
Your parenting plan needs to include all details regarding the care of your child. According to divorce law in Miami, this means including details about child support, time-sharing, and how parents will communicate with the children. Other details, such as who will make education and health care decisions, also matter.
Your time sharing plan needs to be very detailed. The plan should not be a general outline. Rather, it should explain when each parent will see and care for the child.
Before you submit your plan, you need to ensure that it covers all of the key details. By speaking with someone who has knowledge of child support law Miami, you can learn more about the requirements.
3. You Use the Wrong Terminology
In Florida, the terms “custody” and “visitation” are outdated. Instead, the court uses “parental responsibility” and “time-sharing.”
If you refer to custody or visitation, the court will reject your plan. It’s important that both parents understand that the agreement is about shared parental responsibility. In Florida, each parent has a right to spend time with their child and make major decisions for them. The only way around shared responsibility is to prove that the other parent is unfit.
If you want to be the sole caretaker for the child, you need to refer to the situation as “sole parental responsibility.” If you describe it as “sole custody,” the court can deny your plan.
4. It’s Not in the Best Interest of the Child
The Florida court system aims to make decisions based on the best interest of the child. If a parenting plan is not in the child’s best interest, they have the right to reject it.
For instance, a plan could place a child in the frequent care of an abuser. The court might consider it better for the child to only award supervised visits with the child.
5. It Limits the Rights of a Parent
Although one parent might hope to cut the other parent out, it is unlikely that the court will want the same to occur. If a parenting plan denies or limits the rights of one parent, the court could decline it.
In Florida, the court hopes to keep both parents involved with their child. By limiting contact with a parent, you make it more difficult for them to be involved. The court could choose to reject your plan. However, there are some situations in which they might approve it.
Improving Your Chances at a Successful Plan
If you want to decrease your chances at rejection, contact a child support lawyer in Miami. They can walk you through the process and prevent you from making a crucial mistake.
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This content is sponsored by Khalid Irfan.
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