Every Florida Case Requires a Parenting Plan
Under Florida Statute 61.13(2)(b), every divorce, paternity, or other family law proceeding involving minor children must include a parenting plan that is approved by the court. There are no exceptions. Whether the parents agree on every detail or cannot agree on anything, a parenting plan will govern the parenting arrangement going forward.
If the parents submit an agreed parenting plan, the court will review it for compliance with the statutory requirements and the child's best interests. If the parents cannot agree, the court will establish a parenting plan after an evidentiary hearing. In either scenario, the plan becomes a binding court order.
A well-drafted parenting plan reduces future conflict by addressing foreseeable issues in advance. A vague or incomplete plan invites disputes and return trips to court.
Required Elements Under Florida Law
Florida law specifies the minimum elements every parenting plan must address:
- A description of how the parents will share and be responsible for the daily tasks associated with the upbringing of the child
- The time-sharing schedule that specifies the time each minor child will spend with each parent
- A designation of who will be responsible for healthcare, school-related matters, and activities
- The methods and technologies that the parents will use to communicate with the child
Beyond these minimums, an effective parenting plan addresses numerous additional practical issues that, if left unresolved, become sources of ongoing conflict.
Crafting the Time-Sharing Schedule
The time-sharing schedule is the core of any parenting plan. It must be specific enough to be enforceable yet flexible enough to accommodate the realities of daily life. Key components include:
- Regular weekly schedule -- Specify which days and times the child is with each parent during a typical week. Include pickup and drop-off times and locations. The more specific, the fewer disputes.
- Weekend schedule -- If time-sharing is not equal, specify which weekends belong to which parent and define when the weekend begins and ends.
- Transition logistics -- Identify who provides transportation for exchanges, where exchanges occur, and what happens if a parent is late or unavailable.
Holiday and School Break Rotation
Holidays require their own detailed schedule, typically alternating on an odd-year/even-year basis. A comprehensive holiday schedule addresses:
- Major holidays -- Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, Easter, Fourth of July, Labor Day, Memorial Day
- Parent-specific holidays -- Mother's Day (with mother), Father's Day (with father), each parent's birthday, the child's birthday
- School breaks -- Winter break, spring break, summer vacation, teacher planning days
- Three-day weekends -- Martin Luther King Jr. Day, Presidents' Day, and other Monday holidays that create extended weekends
The holiday schedule should specify exact times for pickup and drop-off and should state clearly that the holiday schedule supersedes the regular weekly schedule when there is a conflict.
Summer Time-Sharing
Summer vacation deserves separate attention, particularly if the regular schedule is not 50/50. Common approaches include:
- Extended uninterrupted blocks -- Each parent receives a specified number of consecutive weeks during the summer (e.g., two or four weeks of uninterrupted time)
- Notice requirements -- Each parent must notify the other of their selected summer weeks by a specified deadline (often April 1 or May 1)
- Priority -- If the parents select overlapping dates, the plan should specify who has priority in odd and even years
- Continuation of regular schedule -- During weeks not designated as uninterrupted summer time, the regular time-sharing schedule continues
Communication Provisions
A parenting plan must address how each parent will communicate with the child during the other parent's time-sharing. Effective provisions include:
- Phone and video calls -- Specify reasonable times and frequency (e.g., one call per evening between 7:00 and 8:00 p.m.)
- Technology -- Identify approved communication methods (phone calls, FaceTime, Zoom, text messages appropriate for the child's age)
- Non-interference -- State that neither parent will monitor, interrupt, or restrict the child's communication with the other parent
- Parent-to-parent communication -- Specify how the parents will communicate with each other about the child (email, a co-parenting app such as OurFamilyWizard or TalkingParents, or text messages)
Decision-Making Authority
The parenting plan must allocate parental responsibility -- the authority to make major decisions regarding the child. Under Fla. Stat. 61.13, the options are:
- Shared parental responsibility -- Both parents confer and agree on major decisions
- Shared with ultimate decision-making authority -- Both parents confer, but one parent has the final say on specific categories (education, healthcare, religious upbringing, extracurricular activities)
- Sole parental responsibility -- One parent makes all major decisions (reserved for cases where shared responsibility would be detrimental)
For day-to-day decisions (meals, bedtime, homework), the parent who has the child at the time typically has authority without needing to consult the other parent.
Right of First Refusal
A right of first refusal clause gives the other parent the first opportunity to care for the child before a third-party babysitter or caregiver is used. This provision typically specifies:
- A time threshold that triggers the right (e.g., any absence of more than four hours during the parent's time-sharing)
- Notice requirements -- how far in advance the parent must notify the other
- Exceptions -- school, daycare, pre-arranged activities, and care by specified relatives may be excluded
This clause is not required by statute but is frequently included and can reduce conflict over childcare decisions.
Parallel Parenting for High-Conflict Situations
Not all co-parenting relationships are cooperative. When communication between parents consistently produces conflict, a parallel parenting approach may be more effective than traditional cooperative co-parenting.
Parallel parenting minimizes direct interaction between the parents while ensuring both remain actively involved in the child's life. Key features include:
- Written communication only -- All communication occurs through email or a designated co-parenting app, creating a documented record
- Detailed, specific schedules -- The plan leaves little room for interpretation or negotiation, reducing the need for ongoing communication
- Independent decision-making within each household -- Day-to-day decisions are made by whichever parent has the child, without the need for consultation
- Structured exchanges -- Exchanges occur at neutral locations (such as the child's school) to minimize direct parental contact
- Parallel attendance at events -- Both parents attend the child's activities independently rather than together
A parallel parenting plan sacrifices some of the flexibility of a cooperative arrangement in exchange for reduced conflict, which ultimately benefits the child.
Planning for Changes
Children grow, and their needs change. A good parenting plan anticipates this by including:
- Step-up provisions -- For very young children, a graduated schedule that increases overnights with the non-primary parent as the child ages
- Review dates -- Specified dates to revisit the schedule (e.g., when the child starts kindergarten, middle school, or high school)
- Relocation provisions -- A requirement that either parent provide written notice at least 60 days before relocating more than 50 miles, consistent with Fla. Stat. 61.13001
Building a Plan That Lasts
The parenting plan you create today will shape your child's daily life and your relationship with them for years. Investing the time and thought to address foreseeable issues -- and working with a family law attorney who understands how these provisions function in practice -- produces a plan that minimizes conflict and serves your child's best interests.
This article provides general information about Florida parenting plans and does not constitute legal advice. Every case involves unique facts that may affect the applicable legal analysis.