Florida Parenting Plan
A Florida parenting plan sets out shared parental responsibility, the time-sharing schedule, and how parents make decisions for their children, and it is required by the court in all cases involving time-sharing. Attorney review available.
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Introduction
A parenting plan is the written document Florida parents use to set out shared parental responsibility, the time-sharing schedule, and how they will raise a child together, whether they are divorcing, were never married, or are changing an existing order. In Florida a parenting plan is not optional: it is required by the court in all cases involving time-sharing with a minor child, even when time-sharing is not in dispute. Florida uses its own labels. Shared parental responsibility is the decision-making arrangement, and the court orders that parental responsibility be shared by both parents unless it finds that shared parental responsibility would be detrimental to the child (Florida Statutes Section 61.13(2)(c)2). Time-sharing is the schedule that specifies the time the child spends with each parent. Since 2023 Florida applies a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the child; a parent who disagrees must prove by a preponderance of the evidence that equal time-sharing is not in the child's best interests (Florida Statutes Section 61.13(2)(c)1). The court-approved parenting plan must, at a minimum, describe how the parents will share the daily tasks of raising the child, the time-sharing schedule, who is responsible for health care and school and other activities, and the methods the parents will use to communicate with the child (Florida Statutes Section 61.13(2)(b)). Parents commonly use Florida Supreme Court Approved Family Law Form 12.995(a), Parenting Plan. DocDraft builds your Florida parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
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A parenting plan is a written document that sets out shared parental responsibility and the time-sharing schedule for a child, used by Florida parents who are divorcing, were never married, or are modifying an existing order.
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In Florida a parenting plan is mandatory in all cases involving time-sharing with a minor child, even when time-sharing is not in dispute, and it takes effect only when the court approves it (Florida Statutes Section 61.13(2)(b)).
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Florida calls decision-making shared parental responsibility, and the court orders it shared by both parents unless it finds that shared parental responsibility would be detrimental to the child (Florida Statutes Section 61.13(2)(c)2).
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Time-sharing is Florida's word for the schedule, and since 2023 there is a rebuttable presumption that equal time-sharing is in the child's best interests (Florida Statutes Section 61.13(2)(c)1).
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To overcome the equal time-sharing presumption, a parent must prove by a preponderance of the evidence that equal time-sharing is not in the child's best interests (Florida Statutes Section 61.13(2)(c)1).
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The plan must at a minimum describe how the parents share daily tasks, the time-sharing schedule, who decides health care and school and activities, and how the parents will communicate with the child (Florida Statutes Section 61.13(2)(b)).
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Parents in a Florida dissolution with minor children must complete the Parent Education and Family Stabilization Course, a minimum of 4 hours, before the court enters a final judgment (Florida Statutes Section 61.21), and they commonly file Form 12.995(a), Parenting Plan.
Key decisions before you file
Before you file a Parenting Plan in Florida, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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Florida Requirements for Parenting Plan
Shared Parental Responsibility and Time-Sharing
Florida uses shared parental responsibility for decision-making and time-sharing for the schedule. A Florida court orders that parental responsibility be shared by both parents unless it finds that shared parental responsibility would be detrimental to the child (Florida Statutes Section 61.13(2)(c)2).
Equal Time-Sharing Presumption
Since 2023 Florida applies a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the child. To overcome it, a parent must prove by a preponderance of the evidence that equal time-sharing is not in the child's best interests (Florida Statutes Section 61.13(2)(c)1).
Parenting Plan Is Mandatory
In Florida a parenting plan is required in all cases involving time-sharing with a minor child, even when time-sharing is not in dispute. The plan governs the parents only after the court approves it under the best interests of the child (Florida Statutes Section 61.13(2)(b)).
Required Contents of the Plan
A Florida parenting plan approved by the court must at a minimum describe how the parents share the daily tasks of raising the child, the time-sharing schedule, who is responsible for health care and school and other activities, and the methods and technologies the parents will use to communicate with the child (Florida Statutes Section 61.13(2)(b)).
Decision-Making Allocation
Your Florida parenting plan should state how shared parental responsibility works: whether the parents make major decisions about education, health care, and welfare jointly, and which parent is designated for particular decisions. The court orders shared parental responsibility unless it finds shared responsibility would be detrimental to the child (Florida Statutes Section 61.13(2)(c)2).
Time-Sharing Schedule
Your plan should set out the time-sharing schedule that specifies the time the child spends with each parent: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchange locations and transportation. Florida applies a rebuttable presumption that equal time-sharing is in the child's best interests (Florida Statutes Section 61.13(2)(c)1).
Family Law Form 12.995(a)
Florida provides Florida Supreme Court Approved Family Law Form 12.995(a), Parenting Plan, the statewide form for setting out shared parental responsibility and the time-sharing schedule. Form 12.995(b) covers supervised or safety-focused plans and 12.995(c) covers relocation or long-distance plans. The plan is filed with the clerk of the circuit court.
Parent Education Course and Court Approval
All parties to a Florida dissolution with minor children, or a paternity action involving parental responsibility, must complete the Parent Education and Family Stabilization Course, a minimum of 4 hours, before the court enters a final judgment (Florida Statutes Section 61.21). The parenting plan takes effect only when the court approves it.