Florida legal guide
Florida Parenting Plan — What You Need to Know
What every Florida parenting plan must include — time-sharing, holidays, decision-making, and more. Checklist from a Miami family law attorney.
Last reviewed: September 15, 2026
What Is a Florida Parenting Plan?
A parenting plan is the written document that sets out how parents will share the responsibilities of raising their children after separation or divorce. Under Florida law, every divorce involving minor children must include a parenting plan — either agreed by the parents or ordered by the court.
The Statutory Basis
Florida Statutes Section 61.13 establishes the parenting plan requirement. The law reflects the state's modern approach: children benefit from meaningful relationships with both parents, and the plan is the vehicle for structuring that shared relationship.
Time-Sharing and Parental Responsibility
The parenting plan addresses two distinct concepts. Time-sharing is the schedule of time the child spends with each parent. Parental responsibility is the authority to make major decisions about the child — education, healthcare, and religion. Both belong in the plan.
Agreement vs. Court Order
Parents can agree on a parenting plan, which the court then approves. If parents cannot agree, the court determines the plan based on the child's best interests. An agreed plan gives parents control; a court-ordered plan takes it away.
Required Elements of a Parenting Plan
Regular Time-Sharing Schedule
The daily, weekly, and monthly rhythm of where the child lives: which days with which parent, the rotation, and the schedule around school. It must be specific enough to be enforceable.
Holiday and Vacation Schedule
A schedule for major holidays (Thanksgiving, winter break, spring break, summer) that avoids annual disputes. Alternating years and specific start/end times eliminate ambiguity.
Decision-Making Authority
Who makes major decisions about education, healthcare, and religion — and how decision-making is shared or divided. The plan should also address how parents will resolve disagreements.
Communication Between Parents
How parents will share information: school records, medical information, schedule changes, and urgent matters. Written communication methods (text, email, a shared app) reduce conflict.
Right of First Refusal
An optional but valuable provision: if the parent with the child needs care, that parent offers the time to the other parent first before using a sitter or making alternative arrangements.
Relocation Procedures
How the plan functions if a parent needs to move — and the requirement to follow Florida's relocation statute (60 days' written notice, consent or court approval) for moves over 60 miles.
Dispute Resolution
How parents will handle future disagreements about the plan — from informal negotiation to mediation — before resorting to court.
Parenting Plan Examples
Week-On/Week-Off (50/50)
The child alternates full weeks between parents. Predictable, fewer transitions, and popular with older children.
2-2-3 Rotation (50/50)
The child spends two nights with one parent, two with the other, three with the first — repeating each week. Frequent contact suits younger children but requires reliable cooperation.
Every Other Weekend + Midweek
More common when parents do not share equal residential time: the child lives primarily with one parent, spends every other weekend with the other, and shares a midweek dinner.
Custom Schedules
Schedules built around shift work, school calendars, special needs, or extended family involvement. The best plan fits the family's actual life.
Tips for Creating a Strong Parenting Plan
Be Specific About Times and Dates
"Every other weekend" is a negotiation; "alternating weekends, Friday 6:00 PM to Sunday 6:00 PM" is a plan. Specificity prevents disputes.
Include Backup Plans
What happens when a parent is sick, traveling, or a snow day closes school? A plan that anticipates these moments prevents conflict at the moment.
Consider the Children's Ages
A plan built for a toddler differs from one built for a teenager. Build for the child's current and foreseeable needs, with a modification path as they grow.
Plan for Holidays and Vacations
Never leave holidays to a vague understanding. Spell out the schedule, including odd/even year alternation.
Include Communication Protocols
Agree on how and when parents communicate — and keep children out of the middle.
When a Parenting Plan Doesn't Work
Modifications
Life changes. When a substantial change in circumstances occurs, the plan can be modified through a court process. See how our modification practice updates outdated plans.
Relocation Complications
When a parent moves more than 60 miles, the plan must be revised under Florida's relocation law. Get guidance before you move — see our relocation practice.
FAQ
Florida Parenting Plan FAQs
What if we cannot agree on a parenting plan?
The court will determine the parenting plan based on the child's best interests, using the statutory factors. The court may appoint a guardian ad litem or order an evaluation.
Can we modify the parenting plan later?
Yes. A parenting plan can be modified when there is a substantial change in circumstances and the modification serves the child's best interests.
Do I need a lawyer to create a parenting plan?
Not legally, but a lawyer ensures the plan meets Florida's statutory requirements, is enforceable, and protects your rights over the long term.
Does Florida require both parents to have time-sharing?
Florida presumes that shared parental time is in a child's best interest. The court evaluates 20-plus statutory factors to determine the schedule that best serves the child.
Can grandparents be part of a parenting plan?
Yes, grandparent time-sharing rights exist in limited circumstances, and grandparents can petition the court where the law provides for it.
What is the right of first refusal?
A provision requiring a parent to offer their scheduled time to the other parent first if they cannot care for the child during that time, before using a caregiver.
How specific does a parenting plan need to be?
Specific enough to be enforceable and to avoid disputes: exact times, dates, and procedures. Vague plans create conflict and litigation.
Can a parenting plan include relocation rules?
Yes. A well-drafted plan addresses what happens if a parent needs to move — and it must not conflict with Florida's relocation statute.
These answers provide general information and are not legal advice. The appropriate approach depends on the facts of each matter.
Discuss your next step with a Miami family law attorney
These resources provide general information, not advice for a specific case. Granda & Associates can help you evaluate how Florida law applies to your circumstances.