Understanding Decision Making Authority Under A Florida Parenting Plan

Florida Statute § 61.13(2)(b) governs the contents of a parenting plan following a divorce proceeding. Under chapter 61, parties to a divorce are required to submit a parenting plan in all cases involving time sharing of minor children. Parties are required to submit a parenting plan even when the time-sharing arrangements for children are not an issue in a divorce.

Section 61.13(2)(b) provides:

A parenting plan approved by the court must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school related matters include the address to be used for school-boundary determination and registration, and other activities; and the methods and techniques that the parents will use to communicate with the child.

Florida's parenting plan statute requires the court-approved parenting plan to spell out how key decisions will be made regarding the day-to-day affairs of a child. There have been instances, however, where trial courts approved parenting plans which delegated certain decision making authorities. For example, in Letorneau v. Letorneau, 564 so. 2d 270 (Fla. 4th DCA 1990), the trial court entered an order delegating to the mother the authority to approve the times the father could exercise his time sharing rights. On appeal, the Fourth District Court of Appeal found that the trial court had improperly delegated the court's decision making authority (i.e. when...