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Parenting Plans in Florida

Parenting Plans in Florida

woman holding baby with parenting plan calendar open on her computer

By Larry Schott, Florida Family Law Attorney  |  Schott & Tolchinsky, P.A.

A Parenting Plan is the legal document that governs every aspect of how divorcing or separating parents in Florida will raise their children going forward. It is not a formality. It is a court order, and it controls where your children live, who makes decisions about their healthcare and education, how holidays are divided, and what happens when parents disagree. Getting it right the first time matters enormously, because changing it later requires clearing a significant legal hurdle.

Quick Answer

Is a Parenting Plan Required in Every Florida Divorce With Children?

Yes. Florida Statute 61.13 requires a court-approved Parenting Plan in every case involving time-sharing with minor children, even when time-sharing is not in dispute. The plan must be either agreed to by the parents and approved by the court, or established by the court if the parents cannot agree. No final judgment of dissolution of marriage involving minor children can be entered without an approved Parenting Plan on file.

In This Article
  1. What Is a Parenting Plan in Florida?
  2. What Are the Different Parenting Plans in Florida?
  3. What Must Be Included in a Florida Parenting Plan
  4. The Best Interests of the Child: How Courts Evaluate the Factors
  5. The 50/50 Time-Sharing Presumption Under the 2023 Law
  6. Shared vs. Sole Parental Responsibility
  7. First-Instance Plans vs. Modification Plans
  8. Modifying a Parenting Plan After the Divorce
  9. Enforcing a Parenting Plan When a Parent Does Not Comply
  10. The Mandatory Parenting Course
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1. What Is a Parenting Plan in Florida?

Florida law eliminated the word “custody” from family law proceedings. In its place, Florida Statute 61.13 uses two distinct concepts: parental responsibility and time-sharing. A Parenting Plan is the court order that addresses both.

Parental responsibility refers to a parent’s legal right and obligation to make major decisions about the child’s life, including decisions about healthcare, education, religious upbringing, and extracurricular activities. Time-sharing refers to the physical schedule specifying when the child is with each parent, including overnights and holidays.

The Parenting Plan is a comprehensive document that must address both of these components in enough detail that parents and courts know exactly what is expected of each party on any given day and in any given situation. Vague or incomplete Parenting Plans are a frequent source of post-divorce disputes. The more specific and thorough the plan, the less room there is for conflict later.

According to Florida Statute 61.13, a Parenting Plan is required in all cases involving time-sharing with minor children. The best interests of the child is the primary consideration in every Parenting Plan. Courts must evaluate all factors affecting the welfare and interests of the child as set out in Florida Statute 61.13(3) when creating or approving a plan.

2. What Are the Different Parenting Plans in Florida?

Florida law and the Florida Supreme Court recognize three distinct types of Parenting Plans, each designed for a different set of circumstances. Understanding which type applies to your situation is the starting point for any parenting plan discussion.

Standard Parenting Plan (Florida Supreme Court Form 12.995(a))

The standard plan is the most widely used. It is appropriate for cases where both parents can communicate reasonably and are capable of cooperating on parenting decisions. The standard form covers all required elements including the time-sharing schedule, holiday rotation, school breaks, decision-making authority, and communication protocols. Most parents in uncontested or moderately contested divorces use a customized version of this form as the foundation of their Parenting Plan.

Supervised or Safety-Focused Parenting Plan (Florida Supreme Court Form 12.995(b))

This plan is used when supervised time-sharing is ordered by the court. Supervision is typically required in cases involving domestic violence, substance abuse, child abuse or neglect, or other circumstances where unsupervised contact between a parent and the child poses a safety risk. The plan specifies who supervises the visits, where they take place, the frequency and duration of contact, and the conditions under which supervision may be lifted. This plan prioritizes the protection of the child above all other considerations.

Relocation Parenting Plan (Florida Supreme Court Form 12.995(c))

When one parent lives or will be living more than 50 miles from the other parent, a standard time-sharing schedule is often impractical. The relocation plan addresses the unique challenges of long-distance co-parenting, including extended periods of time with each parent during school breaks and summers, transportation logistics and cost-sharing, electronic communication between the child and the distant parent, and how the parents will handle school events, medical appointments, and other day-to-day matters when the parents are geographically separated. For cases where a parent seeks to relocate after a Parenting Plan is already in place, Florida Statute 61.13001 governs the relocation process and requires either written consent from the other parent or a court order before the move can occur. See our guide: Relocation After Divorce in Florida.

Practical note: The Florida Supreme Court forms are starting points, not finished products. Every family is different, and a well-drafted Parenting Plan tailored to your children’s ages, school schedules, activities, and the geographic realities of your particular situation will serve your family far better than a generic form filled in with minimum information. Courts expect and encourage detailed plans.

3. What Must Be Included in a Florida Parenting Plan

Florida Statute 61.13 specifies the minimum content every Parenting Plan must address. Courts will not approve a plan that fails to cover these required elements, and an incomplete plan is a common reason for delay at the final hearing.

  • Daily tasks and parental responsibilities How the parents will share and be responsible for the daily tasks associated with the upbringing of the child, including who handles school pickups, medical appointments, homework, and routine daily care.
  • Time-sharing schedule The specific schedule for when the child will be with each parent, including regular weekly or biweekly schedules, overnights, and the transition times and locations for exchanges.
  • Holiday and school break schedule A detailed rotation for all major holidays, school breaks including winter, spring, and summer, and how school holidays and teacher planning days are handled.
  • Healthcare decision-making Which parent has authority to consent to routine medical and dental care, how emergency medical decisions are made, and how the parents will communicate about the child’s health.
  • Educational decision-making Which parent makes decisions about school choice, tutoring, special education services, and participation in school-related activities.
  • Communication between parents How the parents will communicate with each other about the child, including the preferred method and reasonable response times. Many plans specify a platform such as a co-parenting app to reduce conflict over communications.
  • Communication between the child and the other parent How and how often the child will have electronic contact with the parent they are not currently with, including phone calls, video calls, and the hours during which contact is appropriate.
  • Transportation and exchange logistics Who is responsible for transportation at exchanges, where exchanges take place, and how travel costs are handled when the parents live at a distance from each other.
  • Dispute resolution process How the parents will resolve disagreements about the plan, whether through direct communication, a parenting coordinator, mediation, or court intervention.
  • International and out-of-state travel The process for notifying the other parent about travel with the child outside of Florida or outside of the United States, and what consents or documentation are required.

In addition to these required elements, a well-drafted plan typically addresses extracurricular activities and who enrolls the child and pays associated costs, how right of first refusal works when a parent needs childcare, how the child will be introduced to new romantic partners, and how the plan will be adjusted as the child grows older.

4. The Best Interests of the Child: How Courts Evaluate the Factors

The best interests of the child is the governing standard for every Parenting Plan in Florida, whether the plan is agreed to by the parents or established by the court after a contested hearing. Florida Statute 61.13(3) sets out approximately 20 factors that courts must evaluate when creating or approving a Parenting Plan. No single factor is weighted more heavily than another. Courts must consider all relevant factors and make specific written findings when establishing or modifying a time-sharing schedule.

Factor What Courts Look At
Willingness to support the relationship with the other parent Has each parent demonstrated the capacity and disposition to encourage and facilitate a close and continuing relationship between the child and the other parent? Courts look at actual conduct, not stated intentions.
Anticipated division of parental responsibilities How parenting tasks will be divided going forward, and whether either parent plans to delegate significant responsibilities to third parties such as grandparents, stepparents, or childcare providers.
Demonstrated capacity to act on the child’s needs Whether each parent has shown the ability to prioritize the child’s needs above their own desires or conflicts with the other parent.
Length of time in a stable environment How long the child has been in a stable and satisfactory living situation, and the desirability of maintaining that continuity.
Geographic viability Whether the proposed schedule is geographically workable, with particular attention to school-age children and the time and logistics involved in travel between the parents’ homes.
Moral fitness of the parents Each parent’s moral fitness as it relates to the child, not as a general character evaluation.
Mental and physical health of the parents Any health issues that affect a parent’s capacity to care for the child.
School, community, and home record The child’s current adjustment to home, school, and community, and the likely effect of any proposed change.
Reasonable preference of the child If the court finds that the child is of sufficient intelligence and experience to express a preference, that preference is considered, though it does not control the outcome.
Evidence of domestic violence or child abuse Whether or not a criminal conviction exists, the court considers any credible evidence of domestic violence or child abuse as evidence of detriment to the child.
Substance abuse Each parent’s ability to maintain an environment free from substance abuse, including alcohol abuse.

5. The 50/50 Time-Sharing Presumption Under the 2023 Law

Effective July 1, 2023, Florida Statute 61.13 was amended by HB 1301 to add a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. This was one of the most significant changes to Florida family law in decades.

Under this presumption, courts now begin the analysis for first-instance parenting plans with the assumption that a 50/50 time-sharing schedule serves the child’s best interests. Either parent can rebut that presumption by proving by a preponderance of the evidence that equal time-sharing is not in the child’s best interests in their specific case. If the presumption is rebutted, the court then evaluates all of the Florida Statute 61.13(3) factors and establishes the schedule it finds to be in the child’s best interests.

According to Florida Statute 61.13(2)(c)1, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child. The court must make specific written findings of fact when creating or modifying a time-sharing schedule.

What this means in practice is that the parent seeking less than 50/50 time-sharing carries the burden of proof. Evidence commonly used to rebut the equal time-sharing presumption includes a history of domestic violence, one parent’s substance abuse or mental health issues, significant geographic distance between the parents, a history of one parent being the primary caregiver with the other parent having minimal involvement, and the child’s school schedule and activities making an equal split logistically unworkable.

Important: The 50/50 presumption applies to first-instance parenting plans created after July 1, 2023. Whether and how this presumption applies to modification proceedings for parenting plans that were established before the amendment took effect is a more complex legal question that courts continue to address on a case-by-case basis. If you have an existing parenting plan and are considering a modification, discuss the current state of the law with your attorney before filing.

6. Shared vs. Sole Parental Responsibility

Florida law strongly favors shared parental responsibility, meaning that both parents retain full parental rights and are jointly responsible for making major decisions about the child’s life. Shared parental responsibility does not mean the child spends equal time with each parent. Time-sharing and parental responsibility are separate components of the Parenting Plan.

Under shared parental responsibility, major decisions about the child’s healthcare, education, and religious upbringing require both parents to communicate and agree. When parents consistently fail to reach agreement on major decisions, the court can designate one parent as having ultimate decision-making authority on specific categories of decisions while still maintaining shared parental responsibility overall.

Sole parental responsibility is the exception rather than the rule. Courts will order sole parental responsibility, giving one parent exclusive authority over all major decisions, only when shared parental responsibility would be detrimental to the child. A conviction for domestic violence creates a rebuttable presumption that shared parental responsibility would be detrimental to the child. Other circumstances that may support sole parental responsibility include a history of child abuse or neglect, severe ongoing conflict between the parents that prevents any reasonable communication, or one parent’s demonstrated inability to make responsible decisions on behalf of the child.

7. First-Instance Plans vs. Modification Plans

Not all Parenting Plans are governed by the same legal standard. Florida law draws a meaningful distinction between a plan established for the first time when no prior plan existed, and a plan that modifies an existing court-approved plan. This distinction matters because the legal standard the court applies is different depending on which type of plan is at issue.

In Hutchinson v. Hutchinson, 287 So.3d 695 (Fla. 1st DCA 2019), the First District Court of Appeal articulated the three-part test a parent must satisfy to modify an existing parenting plan and time-sharing schedule. The moving party must show that circumstances have substantially and materially changed since the original custody determination, that the change was not reasonably contemplated by the parties at the time of the last order, and that the child’s best interests justify the modification. All three elements must be proven. Because the party seeking modification must first carry this extraordinary burden before the trial court can consider the child’s best interests, the trial court does not have the same broad discretion to modify a parenting plan that it exercises when creating a first-instance plan.

For a first-instance plan, the court evaluates the best interests factors and applies the 50/50 presumption introduced by the 2023 amendments to Florida Statute 61.13. There is no prior order to protect and no additional threshold for the court to clear before establishing the schedule.

For a modification plan, the moving party must first demonstrate that there has been a substantial, material, and unanticipated change in circumstances since the entry of the existing order before the court will even consider whether a modification is in the child’s best interests. This is a two-step process, and failing the first step means the court will not reach the second. The substantial change requirement is discussed in more detail in section 8 below.

8. Modifying a Parenting Plan After the Divorce

Life changes after divorce. Children grow older, parents relocate, work schedules shift, and the parenting arrangement that worked when the divorce was finalized may no longer serve the family well several years later. Florida law allows for modification of a Parenting Plan when the circumstances warrant, but the standard is intentionally demanding.

To modify a Parenting Plan in Florida, the parent seeking the change must demonstrate two things. First, there has been a substantial, material, and unanticipated change in circumstances since the entry of the existing order. Second, the proposed modification is in the best interests of the child. Both elements must be proven. A court will not reach the best interests analysis unless the substantial change threshold is met first.

What qualifies as a substantial and material change depends on the specific facts. Courts have found qualifying changes to include a parent’s relocation, a significant change in one parent’s work schedule, documented evidence of a parent’s substance abuse or domestic violence that was not present when the original order was entered, the child’s own changed circumstances such as a medical diagnosis or the development of specific educational needs, or one parent’s consistent and documented pattern of violating the existing Parenting Plan.

What courts have generally held does not qualify as a substantial change includes normal changes that were foreseeable at the time of the original order, a child’s growing preference for one parent without other supporting evidence, or the fact that one parent now wishes they had negotiated different terms.

Critical point: The 50/50 time-sharing presumption added by the 2023 amendments to Florida Statute 61.13 applies clearly to first-instance parenting plans. Whether that presumption must be applied in modification proceedings for plans entered before July 1, 2023 is an unsettled legal question. Courts are currently reaching different conclusions on this issue. If you have a pre-2023 parenting plan and are considering a modification, get current legal advice before you file.

9. Enforcing a Parenting Plan When a Parent Does Not Comply

A Parenting Plan is a court order. Violating it carries real legal consequences, and Florida Statute 61.13 gives courts specific enforcement tools to address non-compliance.

  • Make-up time When a parent improperly denies the other parent their scheduled time-sharing, the court can order make-up time to compensate for the time lost.
  • Attorney’s fees and costs The court can order the non-complying parent to pay the other parent’s reasonable attorney’s fees and costs incurred in bringing the enforcement action.
  • Contempt of court Willful violation of a Parenting Plan can result in a finding of contempt of court. Consequences range from fines to, in serious cases, incarceration.
  • Modification of the Parenting Plan Upon request by the parent who was denied their time-sharing, the court may modify the existing Parenting Plan if modification is in the best interests of the child. A documented pattern of violations can itself constitute the substantial change in circumstances needed to support a modification.
  • Parenting coordinator In high-conflict cases, courts can appoint a parenting coordinator to help the parties resolve ongoing disputes about the Parenting Plan without returning to court every time a disagreement arises.

Documentation is essential in any enforcement action. Keep a detailed log of every violation including the date, what was supposed to happen, what actually happened, and any communications with the other parent. Courts respond to evidence, not accusations. The parent who walks in with a well-documented record of violations is in a fundamentally stronger position than one who relies on memory alone.

10. The Mandatory Parenting Course

Florida Statute 61.21 requires both parents to complete a state-approved Parent Education and Family Stabilization Course before the court can enter a final judgment involving a minor child. This requirement applies in all dissolution of marriage cases, paternity cases, and modification proceedings involving minor children.

The course runs approximately four hours and is available both in person and online from numerous approved providers throughout Florida. The cost is typically $25 to $60 per parent depending on the provider. Each parent must file their certificate of completion with the court before the final hearing is scheduled.

Practical note: Complete the parenting course early in the case, not at the last minute. The final hearing cannot be scheduled until both certificates are on file. Parents who wait until the week before their hearing frequently discover the course is not instantly available or the certificate takes time to arrive, delaying the case and adding unnecessary cost.
Protecting Your Children Starts With the Right Parenting Plan

Larry Schott has over 30 years of experience drafting, negotiating, and litigating Parenting Plans in Broward County. Whether you are creating a plan for the first time or seeking to modify an existing one, he will protect your relationship with your children. Call today for a free consultation.

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This article is for informational purposes only and should not be relied upon as legal advice. Florida law is always changing and the facts of each case are unique, which can significantly impact the outcome. The 2023 amendments to Florida Statute 61.13 are subject to ongoing judicial interpretation. We strongly recommend speaking with an experienced Florida family law attorney about your specific situation before taking any action. Attorney Larry Schott is licensed to practice law in the State of Florida.