Creating a Parenting Plan in Florida (2026): Complete Legal Guide

Every Florida divorce or paternity case involving minor children requires a court-approved parenting plan under Fla. Stat. § 61.13. The plan must specify a time-sharing schedule, parental responsibility for decisions, and communication methods. Since July 1, 2023, Florida courts apply a rebuttable presumption that equal (50/50) timesharing serves the child's best interest.

Key Facts: Parenting Plans in Florida

As of March 2026. Verify the exact filing fee with your local clerk, as amounts vary slightly across Florida's 67 counties.

What Is a Parenting Plan in Florida?

A parenting plan in Florida is a mandatory written document that governs the relationship between parents and their minor children after divorce or separation. Under Fla. Stat. § 61.13(2), every case involving minor children requires a court-approved parenting plan, regardless of whether the parents were married. The plan cannot be waived.

Florida law treats the parenting plan as the central blueprint for raising children across two households. The document must address three core areas: how parents share daily child-rearing tasks, the specific time-sharing schedule including overnights and holidays, and the methods parents will use to communicate with the child. Courts will not finalize a dissolution of marriage involving children until an acceptable parenting plan is approved. Parents may develop the plan jointly and submit it for approval, or, when parents cannot agree, the judge establishes the plan after weighing the statutory best-interest factors. This requirement applies equally to divorcing spouses and to unmarried parents resolving paternity cases.

Are Parenting Plans Required in Florida?

Yes. A parenting plan is mandatory in every Florida case involving minor children under Fla. Stat. § 61.13(2)(b). There is no exception for amicable parents or simple cases. The court must approve the plan before entering a final judgment, and the 20-day minimum waiting period applies before finalization.

Florida's mandatory approach distinguishes it from states where custody agreements remain optional. The statute requires that a parenting plan be established whether parents reach agreement or litigate. When parents submit an agreed plan, the judge reviews it to confirm it serves the child's best interest before approval. When parents disagree, the court creates the plan after an evidentiary hearing. This rule applies across all 67 Florida counties and to both divorce cases and paternity actions. The mandatory framework ensures that no child custody arrangement proceeds without judicial oversight, protecting children's continuity, stability, and relationships with both parents. Filing without a compliant parenting plan will delay your case until the deficiency is corrected.

What Must a Florida Parenting Plan Include?

Under Fla. Stat. § 61.13(2)(b), a Florida parenting plan must, at minimum, describe how parents share daily upbringing tasks, include a time-sharing schedule with specific times and overnights, designate decision-making authority for health care and school matters, and detail communication methods between parents and child. Omitting any required element makes the plan deficient.

The statute sets three mandatory categories. First, the plan must describe in adequate detail how parents will share and be responsible for daily child-rearing tasks. Second, it must designate responsibility for health care, school-related matters, and other activities, including the physical address used for school-boundary determination and registration. Third, it must describe the technologies and methods parents will use to communicate with the child. The time-sharing schedule itself must be a concrete timetable giving specific times, including overnights and holidays, that the child spends with each parent. A strong co-parenting schedule also addresses school breaks, summer vacation, birthdays, and holiday rotation. Vague plans that merely state "reasonable timesharing" are routinely rejected because they invite future conflict and provide no enforceable standard for either parent.

How Does Florida's Equal Timesharing Presumption Work?

Since July 1, 2023, Florida law applies a rebuttable presumption that equal (50/50) timesharing is in the child's best interest, established by HB 1301 and codified in Fla. Stat. § 61.13(2)(c). To overcome it, a parent must prove by a preponderance of the evidence that equal timesharing is not in the child's best interest.

This change marked a sharp departure from prior law, which contained no presumption for or against any specific timesharing schedule. HB 1301 passed with strong bipartisan support, clearing the House 105-7 and the Senate 34-3 before Governor DeSantis signed it on June 27, 2023. The presumption sets the starting point at a 50/50 split, but it does not guarantee an equal outcome. The "preponderance of the evidence" standard means "more likely than not" — a moderate burden, not an insurmountable one. If a parent rebuts the presumption, the court may order an unequal arrangement such as 60/40 or 70/30, or in rare cases sole timesharing. The new presumption applies to cases pending or filed on or after July 1, 2023.

What Are the Best-Interest Factors in Florida?

When a judge reviews a proposed parenting plan, the governing standard is the best interest of the child under Fla. Stat. § 61.13(3), which lists 20 specific factors courts must weigh. No single factor controls the outcome, and judges must make written findings on each relevant factor before approving a parenting time schedule.

The statute directs courts to consider factors including each parent's demonstrated capacity and willingness to facilitate a close relationship between the child and the other parent, the length of time the child has lived in a stable environment and the desirability of maintaining continuity, the geographic viability of the parenting plan considering travel time and school location, the moral fitness and mental and physical health of each parent, the developmental needs of the child, and each parent's capacity to provide a consistent routine. Because the court must weigh all relevant factors and document its findings, parents benefit from presenting concrete evidence — school records, medical history, work schedules — that connects to specific statutory factors rather than general assertions about parental fitness.

How Is Parental Responsibility Divided in Florida?

Florida law presumes shared parental responsibility, meaning both parents retain the right to make major decisions about the child's welfare under Fla. Stat. § 61.13(2)(c). A judge will order shared parental responsibility unless the court finds it would be detrimental to the child. Sole parental responsibility is the exception, not the default.

Parental responsibility differs from timesharing. Timesharing concerns where and when the child physically resides with each parent; parental responsibility concerns who holds legal decision-making authority over education, health care, religion, and other major matters. Under shared parental responsibility, both parents must confer and jointly decide major issues. The court may also grant ultimate decision-making authority over specific categories — such as education or medical care — to one parent while maintaining shared responsibility overall. When the court finds shared responsibility would harm the child, it may award sole parental responsibility to one parent. A documented history of domestic violence triggers a rebuttable presumption against awarding shared or sole parental responsibility to the offending parent under Fla. Stat. § 61.13(2)(c), and courts may order supervised or no timesharing in serious cases.

What Are the Relocation Rules for a Florida Parenting Plan?

Florida's relocation statute, Fla. Stat. § 61.13001, governs moves of 50 or more miles for at least 60 consecutive days. A parent who wants to relocate must either obtain a signed written agreement from the other parent or file a petition to relocate. The non-relocating parent has 20 days after service to file a written objection.

Both triggers must be met: the move must be at least 50 miles — measured in a straight line, "as the crow flies" per Tucker v. Liebknecht — and last 60 or more consecutive days, excluding temporary absences for vacation, education, or the child's health care. If parents agree, they sign a written agreement defining a revised time-sharing schedule. Without agreement, the relocating parent must file a petition stating the new address, the intended move date, detailed reasons for relocating, a proposed revised parenting time schedule, and transportation arrangements. If the other parent fails to object within 20 days, the court may permit relocation without a hearing unless it finds the move contrary to the child's best interest. Relocating without complying can result in a return order, contempt, modification of timesharing favoring the non-relocating parent, and attorney's fees.

How Do You Modify a Parenting Plan in Florida?

Modifying a Florida parenting plan requires proving a substantial and material change in circumstances, plus that modification serves the child's best interest under Fla. Stat. § 61.13. As of July 1, 2023, HB 1301 removed the prior requirement that the change be "unanticipated," lowering the threshold for modification requests.

Under the current standard, a parent seeking to change an existing custody agreement must demonstrate that circumstances have shifted substantially and materially since the last order. Common qualifying changes include a parent's relocation, a significant change in work schedule, evidence of the child's needs no longer being met, or safety concerns. Relocation alone is not automatically a substantial change sufficient to justify modification; the moving parent must still satisfy the relocation statute. One unsettled question is whether the 2023 introduction of the 50/50 presumption itself qualifies as a substantial change justifying modification of a pre-2023 order — Florida courts continue to resolve this on a case-by-case basis. Because modification standards are demanding and fact-specific, parents should document the change thoroughly before filing a supplemental petition.

How Much Does It Cost to File a Parenting Plan Case in Florida?

The filing fee for a dissolution of marriage in Florida is $408, plus $10 for issuance of a summons, totaling $418 in initial court costs under Fla. Stat. § 28.241. Service by sheriff adds approximately $40. Households below 200% of the federal poverty level may qualify for a complete fee waiver.

The parenting plan is filed as part of the dissolution or paternity case rather than as a separate matter, so no additional filing fee applies for the plan itself. As of March 2026, the standard filing fee is set statewide by statute, though some counties report the figure as $409, and mediation fees may apply if the court orders mediation to resolve parenting disputes. Florida residents earning less than 200% of the federal poverty guidelines can apply for a complete waiver by filing an Application for Determination of Civil Indigent Status under Fla. Stat. § 57.082; in 2026, that threshold is approximately $30,120 annually for a single person and $41,080 for a family of two. Always verify current amounts with your local Clerk of the Circuit Court before filing.