Florida Parenting Plan Requirements

In Florida, every divorce or paternity case involving minor children requires a parenting plan. This is not optional. Under Florida Statutes Section 61.13(2), no final order can be entered in a case involving a minor child without an approved parenting plan that addresses how the parents will share time, responsibility, and decision-making authority.

Florida abolished the traditional concepts of “custody” and “visitation” in 2008, replacing them with “parental responsibility” and “time-sharing.” The parenting plan is the document that defines both. Whether you and the other parent agree on terms or the court must impose a plan, understanding what Florida law requires is essential for any parent going through this process.

What Florida Law Requires

Florida Statutes Section 61.13(2)(b) specifies the minimum elements that every parenting plan must contain. A plan that omits any of these elements will not be approved by the court.

A time-sharing schedule. The plan must include a detailed schedule showing when the child will be with each parent. This includes the regular weekly schedule, holidays, school breaks, summer vacations, and special occasions such as birthdays and religious observances. The schedule must be specific enough that both parents and third parties (such as schools and daycare providers) can determine which parent has the child on any given day without further interpretation.

A designation of parental responsibility. The plan must state whether the parents will share parental responsibility or whether one parent will have sole parental responsibility. In most cases, Florida courts order shared parental responsibility, meaning both parents have equal authority over major decisions. Sole parental responsibility is reserved for situations where shared responsibility would be detrimental to the child.

Decision-making authority for major issues. The plan must specify how decisions about the child’s education, healthcare, and religious training will be made. Under shared parental responsibility, parents typically must confer and agree on these decisions. Some plans designate one parent as having “ultimate decision-making authority” on specific issues when the parents cannot reach agreement — a concept recognized under FL Stat 61.13(2)(b)3.

Communication methods. The plan must describe how the child will maintain contact with each parent during the other parent’s time-sharing period. This includes phone calls, video calls, text messages, and other forms of communication. The plan should also address how the parents will communicate with each other about the child’s needs, schedule changes, and emergencies.

Health care provisions. The plan must address how healthcare decisions will be made, who will provide health insurance for the child, and how uninsured medical expenses will be divided between the parents.

School-related matters. The plan must address the child’s educational needs, including the school the child will attend, how school records will be shared, and how both parents will participate in school activities and parent-teacher conferences.

Who Creates the Parenting Plan

The parenting plan can originate from several sources, depending on whether the parents agree.

Both parents together. The preferred approach under Florida law is for both parents to develop the parenting plan cooperatively. When parents agree on all terms, they submit a joint parenting plan to the court for approval. The court reviews it to confirm it serves the child’s best interests but will generally approve a plan that both parents have accepted.

One parent’s proposal. If the parents cannot agree, either parent may submit a proposed parenting plan to the court. The other parent can then submit a competing proposal. The court evaluates both plans and may adopt one, combine elements from both, or create an entirely different plan.

A mediator’s assistance. Florida courts frequently order mediation before allowing contested custody issues to go to trial. A certified family mediator helps the parents negotiate a parenting plan that addresses all statutory requirements. Mediation is not binding — if the parents cannot reach agreement in mediation, the case proceeds to trial.

The court. If the parents cannot agree on a parenting plan, the court will impose one after a hearing or trial. The court-imposed plan is based on the child’s best interests, as determined by the 20 factors listed in FL Stat 61.13(3). These factors include each parent’s willingness to encourage a close relationship with the other parent, the child’s home and community ties, the moral fitness of each parent, the mental and physical health of each parent, and the child’s preference (if the child is mature enough to express one).

For a general overview of parenting plans, see our national guide on creating a parenting plan.

The Best Interest Standard

Every parenting plan decision in Florida is governed by the best interest of the child standard. FL Stat 61.13(3) lists 20 specific factors the court must evaluate:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship
• The anticipated division of parental responsibilities after the litigation
• The demonstrated capacity of each parent to determine, consider, and act upon the needs of the child
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• The geographic viability of the parenting plan, with special attention to the needs of school-age children
• The moral fitness of the parents
• The mental and physical health of the parents
• The home, school, and community record of the child
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
• Any other factor that is relevant to the determination

No single factor is dispositive. Courts weigh all relevant factors together to reach a decision that serves the child’s overall well-being.

For more on how courts make custody determinations, see our article on how child custody is determined.

Time-Sharing Schedules

Florida does not presume that any particular time-sharing arrangement is in the child’s best interests. There is no default 50/50 split, nor is there a presumption favoring the mother or the father. The schedule is determined based on the facts of each case.

Common time-sharing arrangements in Florida include:

• Equal time-sharing (50/50). The child spends approximately equal time with each parent. Common patterns include alternating weeks, a 2-2-3 rotation, or a 5-2-2-5 schedule.
• Majority/minority time-sharing. One parent has the child for a greater portion of the time, and the other parent has regular time-sharing on designated days. This may be appropriate when one parent has work obligations, lives farther away, or when the child’s age makes frequent transitions difficult.
• Supervised time-sharing. If the court finds that unsupervised contact with a parent could endanger the child, it may order that time-sharing occur only in the presence of a designated supervisor or at a supervised visitation center.

The time-sharing percentage is significant beyond scheduling because it directly affects child support calculations. Under FL Stat 61.30, when a parent exercises time-sharing for more than 20 percent of overnights per year (73 or more overnights), the substantial time-sharing adjustment applies, which reduces the child support obligation for that parent.

For more on time-sharing arrangements, see our article on 50/50 custody schedules.

Relationship to Child Support

The parenting plan and child support are closely connected in Florida. The time-sharing schedule in the parenting plan determines how the substantial time-sharing adjustment applies to the child support calculation under FL Stat 61.30.

Additionally, the parenting plan’s provisions regarding health insurance and healthcare expenses directly affect each parent’s financial obligations. The plan must specify:

• Which parent will maintain health insurance for the child
• How uninsured and unreimbursed medical, dental, and prescription expenses will be divided
• How childcare costs related to employment or education will be allocated

These provisions are incorporated into the child support order and are enforceable by the court. For a detailed explanation of Florida’s child support framework, see our article on Florida child support guidelines.

Modifying a Parenting Plan

A parenting plan can be modified after it is entered, but only if there has been a substantial, material, and unanticipated change in circumstances since the original plan was approved. Under FL Stat 61.13(3), the parent requesting the modification bears the burden of proving both the change in circumstances and that the modification is in the child’s best interests.

Common grounds for modification include:

• A parent’s relocation (governed by the separate relocation statute, FL Stat 61.13001)
• A significant change in a parent’s work schedule
• The child’s changing needs as they grow older
• Evidence of substance abuse, domestic violence, or other safety concerns
• A parent’s persistent failure to comply with the existing plan

Minor disagreements about the plan’s terms do not justify a modification. The court expects parents to resolve day-to-day scheduling conflicts without judicial intervention.

For more on modifying custody orders, see our guide on how to modify a custody order. For information specific to relocation, see our article on relocation with a child in Florida.

What to Do Next

If you need to create, negotiate, or modify a parenting plan in Florida, take these steps:

1. Learn the statutory requirements. Review FL Stat 61.13(2) so you understand every element your plan must contain. An incomplete plan will be rejected by the court.
2. Prioritize your child’s needs. Courts evaluate every parenting plan through the lens of the child’s best interests. Focus on what works for your child, not on what punishes or rewards either parent.
3. Be specific. Vague plans lead to disputes. Include exact dates, times, pickup and drop-off locations, and procedures for handling schedule changes and holidays.
4. Consider mediation. If you and the other parent disagree on terms, mediation is often faster, less expensive, and less adversarial than litigation. Florida courts routinely order mediation in custody cases.
5. Consult a Florida family law attorney. A parenting plan affects your daily life and your child’s well-being for years. Schedule a free consultation to ensure your plan meets legal requirements and protects your parental rights.

For a broader overview of custody law, see our guide on child custody laws explained.

Frequently Asked Questions

What should a parenting plan include?

A comprehensive parenting plan should cover the regular custody schedule, holiday and vacation schedules, transportation arrangements, communication rules between parents, decision-making authority for education and healthcare, and procedures for resolving disputes.

Can parents create their own parenting plan?

Yes. Courts prefer that parents agree on a parenting plan. The agreement must be in writing and approved by the court to become enforceable. If parents cannot agree, the court will create a plan based on the child’s best interests.

Do courts favor mothers over fathers in custody cases?

Legally, no. Modern family law requires courts to evaluate custody based on the child’s best interests without regard to the parent’s gender. While historical bias existed, courts today increasingly award shared custody to both parents when both are fit and involved.

What can fathers do to strengthen their custody case?

Fathers should stay actively involved in their children’s daily lives, attend school events and medical appointments, maintain a safe and stable home, document their involvement, and avoid conflict with the other parent. Consulting a family law attorney early can help develop the strongest case.