Florida Parenting Plans

Every Florida case that involves minor children -- whether a divorce, a paternity action, or a stand-alone time-sharing case -- must include a written parenting plan. Florida Statutes § 61.13(2)(b) makes the parenting plan mandatory, and the court will not enter a final judgment without one. The plan can be negotiated and submitted as agreed, or, if the parents cannot agree, the court will enter one after trial.

Required Provisions

Florida Statutes § 61.13(2)(b)2 requires every parenting plan to address, at a minimum:

• A description of how the parents will share and be responsible for the daily tasks associated with raising the child
• The time-sharing schedule, including weekdays, weekends, holidays, school breaks, and summer
• A designation of who is responsible for healthcare, school-related matters, and other activities
• The methods and technologies the parents will use to communicate with the child

The Florida Supreme Court has published mandatory parenting plan forms (Family Law Form 12.995(a) for cases without time-sharing limitations, 12.995(b) for safety-focused plans, and 12.995(c) for plans with relocation/long-distance provisions). Most agreed plans build on Form 12.995(a) with additional negotiated provisions.

Time-Sharing Schedule Details

A complete schedule addresses much more than the regular weekly rotation. We routinely draft provisions for:

• Holiday rotation -- Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, Easter, July 4, Mother's Day, Father's Day, the child's birthday, and each parent's birthday
• School breaks -- spring break, winter break, summer schedule
• Religious holidays -- both parents' faith traditions, where applicable
• Travel and vacation -- advance notice requirements, itinerary requirements, and how long a vacation block can be
• Right of first refusal -- whether a parent who is unavailable for a portion of their time must offer it to the other parent before using a third-party caregiver
• Transportation responsibility and meeting locations

Decision-Making Authority

The plan must specify how decisions about the child's education, non-emergency healthcare, religious upbringing, and extracurricular activities will be made. Most plans require the parents to confer and reach agreement. If gridlock is foreseeable on a particular issue, the plan can designate ultimate decision-making authority to one parent on that specific issue, while leaving the rest as joint decisions.

Communication

The plan typically addresses how the parents will communicate with each other and how each parent will communicate with the child during the other parent's time. Many plans require communication through a co-parenting app such as OurFamilyWizard, AppClose, or TalkingParents -- which provide a tamper-resistant record that can be used in court if disputes arise.

Parent Education Course

Under Florida Statutes § 61.21, both parents in any case involving time-sharing must complete a court-approved Parent Education and Family Stabilization Course within 45 days of service. The certificate must be filed before the final judgment is entered.

Enforcement and Modification

A parenting plan, once incorporated into a final judgment, is a binding court order enforceable by contempt. A parent who withholds court-ordered time-sharing can be sanctioned and required to pay the other parent's fees. The plan can be modified, but only on a showing of a substantial, material, and unanticipated change in circumstances plus a finding that modification is in the child's best interests.

Call 786-522-1411 to draft, negotiate, enforce, or modify a Florida parenting plan.