What Is a Parenting Plan in Florida? Everything Parents Need to Know
If you’re going through a divorce or separation in Florida and children are involved, you’ve probably heard the term parenting plan — and wondered exactly what it means, what it has to include, and how it gets decided.
You’re not alone. It’s one of the most common questions parents bring to mediation, and one of the most important documents your family will ever have.
This guide answers all of it: what a Florida parenting plan is, what it must contain under state law, how time-sharing works, what happens if parents can’t agree, and why mediation is often the fastest and least painful path to a plan that actually works for your family.
A parenting plan is a legally required written agreement that outlines how parents will share the responsibilities and time-sharing of their minor children after a separation or divorce. In Florida, no divorce or custody case involving children can be finalized without one.
Under Florida Statute § 61.13, the parenting plan must be approved by the court — whether parents agree on it themselves or a judge decides it for them. Once approved, it becomes a legally binding court order.
Florida doesn’t use the terms “sole custody” or “joint custody” the way many other states do. Instead, the law focuses on two distinct concepts:
- Time-sharing: Which parent the children are with on any given day
- Parental responsibility: Who makes decisions about the children’s education, healthcare, and welfare
Both must be addressed in the parenting plan, and both are evaluated through the lens of what is in the best interests of the child.
What Must a Florida Parenting Plan Include?
Florida law is specific about what a parenting plan must contain. A plan that’s missing required elements won’t be approved by the court. Here’s what needs to be addressed:
1. Time-Sharing Schedule
This is the day-to-day and week-to-week calendar showing where the children will be and when. It should cover:
- Regular weekly or biweekly schedule
- School year versus summer schedule
- Holidays, school breaks, and special occasions
- Each parent’s birthday and the child’s birthday
- Mother’s Day and Father’s Day
The more specific, the better. Vague language like “reasonable time-sharing” often leads to conflict down the road. Courts and experienced mediators recommend spelling out transitions, pickup times, and what happens when a scheduled day falls on a holiday.
2. Parental Responsibility
Florida presumes that shared parental responsibility — meaning both parents participate in major decisions — is in the child’s best interest. However, the court can award sole parental responsibility to one parent if shared responsibility would be harmful to the child.
The parenting plan must specify who has decision-making authority for:
- Education (school enrollment, IEPs, tutoring, extracurriculars)
- Healthcare (medical providers, elective procedures, therapy, medications)
- Religious upbringing
- Any other major life decisions
Even when parental responsibility is shared, it’s common to designate one parent as the “primary” point of contact for school or healthcare providers to reduce day-to-day confusion.
3. Communication Between Parents and Children
The plan should outline how parents will communicate with each other — and how children will stay in contact with the non-residential parent during the other parent’s time-sharing. This includes:
- Preferred methods (phone, text, co-parenting app, email)
- Reasonable call times and frequency
- Virtual visitation (video calls)
- How to handle schedule changes and make-up time
4. School Designation
Florida parenting plans must designate which parent’s address is used for school enrollment and registration purposes. This is particularly important in cases where parents live in different school districts or counties.
5. Healthcare Coordination
The plan should identify who carries health insurance, how uninsured medical expenses are split, and how both parents will be kept informed about the child’s medical care.
6. Any Other Unique Considerations
Depending on your family’s circumstances, your parenting plan may also need to address:
- Relocation restrictions (notice requirements if a parent wants to move)
- International travel consent
- Right of first refusal (whether the other parent gets priority childcare before a third party is used)
- Social media and technology guidelines
- Restrictions related to domestic violence or substance use, if applicable
Important: Florida courts will not approve a plan that is too vague. The more specific and comprehensive your plan, the less likely it is to return to court for clarification or modification later.
How Does Time-Sharing Work in Florida?
Florida law does not automatically give either parent more time than the other. The law starts from a neutral position: both parents have an equal right to seek substantial time-sharing, and courts are required to order a time-sharing schedule that allows the child to maintain a close relationship with both parents — unless there’s a reason not to.
Common Time-Sharing Arrangements
There is no one-size-fits-all schedule. Arrangements are typically built around:
- The children’s ages and developmental needs
- Each parent’s work schedule and availability
- The distance between the two homes
- Each parent’s ability to co-parent effectively
- The children’s school, activities, and social connections
Common schedules include:
- 50/50 split: Week on/week off, or 2-2-3 rotation
- 60/40 split: Primary residence with one parent, every other weekend plus a weeknight with the other
- 70/30 or 80/20: Used when one parent has more limited availability or there are other factors affecting the schedule
What Do Florida Courts Look for?
When approving or deciding a parenting plan, Florida courts apply a best interest of the child standard. Factors considered under § 61.13(3) include:
- Each parent’s demonstrated capacity to prioritize the child’s needs over their own
- The length and quality of the child’s relationship with each parent
- The child’s ties to home, school, and community
- Each parent’s moral fitness and mental and physical health
- The child’s preference (considered based on age and maturity)
- Each parent’s ability to be informed about and participate in the child’s life
- Whether either parent has a history of domestic violence or substance abuse
- Each parent’s willingness to support the child’s relationship with the other parent
That last point matters more than many parents realize. A parent who attempts to alienate a child from the other parent — or who repeatedly interferes with time-sharing — is working against their own case.
Can Parents Create Their Own Parenting Plan?
Yes — and this is actually how most parenting plans are created. Florida courts strongly prefer that parents reach their own agreement rather than leaving the decision to a judge. When parents agree, they know their family’s needs far better than any court ever could.
If parents agree on all terms, they submit the parenting plan to the court for approval. As long as it meets all statutory requirements and appears to be in the child’s best interests, the judge will typically approve it.
If parents cannot agree — even on some issues — a judge will hold a hearing and make the decisions for them. This is slower, more expensive, and removes any control from the parents.
The bottom line: Agreement is almost always better than litigation — for your children, your finances, and your long-term co-parenting relationship.
How Does Mediation Help with a Florida Parenting Plan?
In many Florida counties, mediation is required before a custody hearing can be scheduled. But beyond being required, mediation genuinely works — especially for parenting plans.
Here’s why:
You Stay in Control
In mediation, you and the other parent — with the help of a neutral, trained mediator — work through the details of a parenting plan together. You decide. A judge doesn’t decide for you.
It’s Focused on Your Children
A skilled mediator keeps the conversation centered on what your children need, not on grievances between parents. This often leads to more child-focused, practical outcomes than litigation does.
It’s Confidential
Unlike court proceedings, what’s discussed in mediation stays in mediation. This allows both parents to be honest about what they want and need without fear of it being used against them.
It’s Faster and Less Costly
A parenting plan built through mediation can often be completed in one or two sessions. Litigation drags on for months — sometimes longer — and costs significantly more in attorney’s fees.
The Plan Is More Likely to Be Followed
When parents participate in creating their own plan, they’re more invested in following it. Research consistently shows that mediated parenting agreements have higher compliance rates than court-imposed orders.
It Supports Your Co-Parenting Relationship
You and your co-parent will be in each other’s lives for years — through school events, graduations, medical decisions, and more. Mediation builds the communication skills you’ll both need to make that work.
What If We Disagree on Parts of the Plan?
It’s completely normal to disagree on some — or many — issues when you’re also navigating the emotional weight of a separation. Mediation doesn’t require you to agree on everything before you walk in the door. It’s designed to help you get there.
A mediator can help you:
- Identify which issues you do agree on (and lock those in)
- Explore different scheduling options that work for both households
- Think through how your children’s needs may change over time
- Address “what if” scenarios (job changes, moves, new relationships)
- Draft language that is clear, specific, and enforceable
If there are issues that truly cannot be resolved in mediation, those specific issues go before a judge — but anything you resolve yourselves stays out of the courtroom.
Can a Parenting Plan Be Changed Later?
Yes. Florida law allows either parent to request a modification of the parenting plan if there has been a substantial, material, and unanticipated change in circumstances since the original order was entered. Examples include:
- A significant change in a parent’s work schedule
- One parent planning to relocate
- A change in the child’s school, health, or needs
- Repeated violations of the existing plan by one parent
Modifications must be approved by the court, and the requesting parent has the burden of proving that the change is warranted and in the child’s best interests.
Mediation is also available — and often required — before a modification hearing. Many parents choose to renegotiate through mediation rather than return to court, especially when both parties are open to a change.
Parenting Plan FAQ
Does Florida require a parenting plan even if we’re not married?
Yes. If you have minor children together and are establishing paternity or custody as unmarried parents, you will still need a court-approved parenting plan. The process is similar to divorce — and mediation is equally available and effective.
What is a “standard” parenting plan in Florida?
There is no single standard plan, but Florida does offer model parenting plan templates as a starting point. These templates outline common scheduling arrangements and required provisions. However, most families need a customized plan that reflects their unique circumstances, locations, and children’s needs.
Does my child get to choose which parent they live with?
Florida courts may consider a child’s preference, but it is not the deciding factor. Judges consider the child’s age, maturity, and the reasons behind their preference. No child in Florida legally gets to “choose” a parent — the court makes the final call based on best interests.
What if the other parent isn’t following the parenting plan?
A parenting plan is a court order. If your co-parent is violating its terms — denying time-sharing, refusing to communicate, making unilateral decisions — you can file a motion for enforcement with the court. A parenting coordinator can also help manage ongoing compliance issues before they escalate to litigation.
Do I need a lawyer to create a parenting plan?
Not necessarily. Many parents successfully create parenting plans through mediation without separate legal representation. That said, it’s always wise to have an attorney review any agreement before it is submitted to the court, especially if you have complex assets, relocation concerns, or a high-conflict co-parenting dynamic.
Ready to Build a Parenting Plan That Works for Your Family?
At Family Bridge Mediation, we help Florida parents create thoughtful, child-focused parenting plans through a process that is respectful, efficient, and far less stressful than going to court.
Amanda Powell is a Florida Supreme Court Certified Family Mediator and Licensed Mental Health Counselor — a combination that allows her to address both the legal framework and the emotional complexity of co-parenting decisions. She serves families in Winter Park, St. Petersburg, and across Florida.
Whether you’re starting from scratch or need help resolving a few remaining disagreements, we’re here to help.
Schedule your free consultation, or email info@familybridgemediation.com
or Read More about Parenting Plans.