At times, parents disagree over the schedule that is both suitable to the parties and in the best interests of the minor children. In these circumstances, some parents will enlist the assistance of a qualified evaluator to make expert recommendations regarding the “proper” parenting plan and timesharing schedule. While parenting plan evaluations are not mandatory on the parents or the courts, they can be a useful tool for the parties in presenting their case to the court.
The term “parenting plan recommendation” is defined to mean a nonbinding recommendation, regarding one or more elements of a parenting plan, made by a court-appointed mental health practitioner or other professional pursuant to Florida Statute section 61.20.
The Florida Supreme Court has noted that the use of such professionals in devising a suitable parenting plan was very helpful, but often underutilized by family law attorneys. However, at least one District Court has pointed out the downside to these social investigations (the cost). The Court’s determination was that such an expense can detract from the parties’ net worth, and that “the expert, without guidance from the court, may feel compelled to perform an array of tests, not otherwise necessary.” Higginbotham v. Higginbotham, 857 So. 2d 341 (Fla. 2d DCA 2003).
Nevertheless, in any case involving the custody of a minor child, the court may order that a social investigation be conducted as delineated in Florida Statute section 61.20, which should include all pertinent details relating to each parent and the minor child. The findings of the report may then be used as a reference in establishing a parenting plan that is in the best interests of the minor child.