Can a Parenting Plan Make a Doctor’s Second Opinion Binding in Florida?
Parents who share decision-making for their children do not always agree on medical care. To avoid repeated trips to court, some parenting plans try to build in a tie-breaker, such as letting a doctor’s second opinion decide the issue.
A recent Florida appeals court decision explains why that approach may not hold up, and what Miami parents should consider when planning for disagreements about their child’s health care.
Florida Court Strikes Down “Binding Second Opinion” Clause
In Mohammed v. Bradford, a trial court entered a modified parenting plan that included a clause on future medical treatment. If the parents disagreed about the proper course of treatment, they were to obtain a second opinion, and that second opinion “shall be binding upon the parties.”
The father argued that the clause improperly handed the court’s decision-making authority to a third party. The mother responded that the clause simply gave the parents a way to resolve medical disagreements without returning to court.
The Fourth District Court of Appeal agreed with the father. Florida law requires the court to determine all matters relating to parenting and time-sharing in accordance with the child’s best interests. Florida courts have repeatedly held that judges cannot delegate that authority to others, including therapists, court-appointed doctors, and guardians ad litem. The court noted that the mother’s main argument, that the clause would prevent the parents from going back to court, actually showed why it was improper. The court reversed and ordered the clause removed, while affirming the rest of the modified parenting plan.
What Miami Parents Can Take From This Case
Parents are right to plan ahead for disagreements, but the method matters. A provision that makes a third party’s opinion final may not be enforceable in Florida, even if it seems practical.
Parents may want to consider other approaches when negotiating a parenting plan. Depending on the circumstances, these might include requiring parents to consult with the child’s treating providers before deciding, setting timelines for discussing medical decisions, attending mediation before filing anything with the court, or asking the court to give one parent ultimate decision-making authority over specific areas such as health care. Any approach should be reviewed carefully to make sure it complies with Florida law.
How a Miami Child Custody Lawyer Can Help
Parenting plans need to work in real life and hold up in court. A family law attorney can review proposed provisions for medical care, education, and other major decisions, explain how Florida courts treat them, and help parents seek a modification if an existing plan is not working.
Speak With a Miami Child Custody Attorney
If you are negotiating a parenting plan or dealing with disagreements over your child’s medical care, an experienced Miami child custody attorney can help you understand your options.
Daniel Umbert of TNL MIAMI is an experienced family law attorney and Florida Supreme Court Certified Family Mediator who helps parents resolve time-sharing and parental responsibility issues in court and at the mediation table. Contact TNL MIAMI to discuss your parenting plan.
Source:
Mohammed v. Bradford, No. 4D2025-3095 (Fla. 4th DCA Sept. 30, 2026)
