QUESTION

When both parents have signed an "Agreed Temporary Parenting Plan," will this document become null and void if one parent does not follow the terms?

Asked on Sep 09th, 2015 on Divorce - Florida
More details to this question:
Both parents and child reside in Florida. In the "Time-Sharing Schedule," it states that when the parent has the child for an overnight that the parent's time begins after school. But, one parent refuses to pick up the child after school (2 pm) dismissal stating that he/she works until 5 pm and could not get child in school's after care program. The other parent also works until 5 or 6 pm, and has to make arrangements on the other parents days to pick up child from school when school notifies that child has not been picked up. On those days the child has been waiting in the school's office up to 4 pm. One parent has made appropriate arrangements to have a family member pick up the child after school on their days and now has to scramble for care on other parents days because that other parent just leaves the child at school after hours with no care. The other parent then picks up the child after his working hours for the overnight when it's convenient for them.
Report Abuse

1 ANSWER

The Parenting Plan remains in effect even if one of the parents fails to follow it.  However, the failure of one parent to follow the Parenting Plan could be grounds for modification by the court.  In the situation you describe, it is the parent's responsibility to make arrangements for the child's care (at that parent's cost) if that parent is unable to pick the child up from school.  If that parent refuses to make such arrangements, a modification petition should be filed to require the absent parent to either make such arrangements or otherwise forfeit their timesharing for that period.
Answered on Sep 15th, 2015 at 11:43 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters