The Parenting Course in a Florida Divorce: Who Must Take It, When, and What Happens If You Skip It

If you are getting divorced in Florida and you have a minor child together, both parents are generally required to complete the Parent Education and Family Stabilization Course before the court will enter a final judgment. The course is at least four hours long (Fla. Stat. § 61.21(2)), can usually be taken online, and must come from a provider approved by the state. It is easy to do and easy to forget, and forgetting it is one of the most common reasons a settled Northeast Florida divorce sits waiting for a final hearing.

Who has to take it

Florida law requires all parties to a dissolution of marriage case with minor children to complete the course before the final judgment is entered (Fla. Stat. § 61.21(4)(a)). That includes cases that settle at mediation and cases where both parents agree on everything. It does not matter who filed.

The same requirement applies in a paternity action that involves issues of parental responsibility: all parties must complete the course before the final judgment (Fla. Stat. § 61.21(4)(a)). In a paternity case, the petitioner must finish within 45 days after filing, and the other parent within 45 days after that parent acknowledges paternity, is adjudicated the parent, or is granted time-sharing or ordered to pay support (Fla. Stat. § 61.21(5)). In a case to modify a parenting plan or time-sharing schedule, the court may require the course before it enters the modification order (Fla. Stat. § 61.21(6)). Some judges routinely require it in modification cases, and some do not. If you are in a modification case, check the court's orders and ask, rather than assuming you are exempt.

The court can excuse the requirement for good cause (Fla. Stat. § 61.21(4)(b)), but that is the exception. Plan to take it.

What the course covers

The course is designed to help parents understand what divorce means for their children and how to reduce the harm. Approved courses generally cover the legal and emotional effects of divorce on adults and children, financial responsibility, how to keep children out of the conflict, and family issues such as family violence and substance abuse. It is an educational course, not an evaluation of your parenting.

Parents take the course separately. You do not attend with the other parent, and you do not need the other parent's cooperation to finish yours. That is especially important where there is a history of family violence or high conflict. Florida law does not require parents to take the course together, and the court can prohibit taking it together where there is a history of domestic violence (Fla. Stat. § 61.21(10) and (11)).

Choosing an approved provider

The course must be taken from a provider approved by the Florida Department of Children and Families (Fla. Stat. § 61.21(3)). The department maintains a list of approved providers, and many offer online, in-person, and non-English options. Check the list before you pay anyone. A course from an unapproved provider, or a general co-parenting class found online, may not satisfy the requirement, and you could end up taking it twice.

Providers set their own prices, and the cost varies. Some providers offer reduced fees for parents who cannot afford the standard cost, and the approved list for each circuit is to include at least one sliding-fee option where one is available (Fla. Stat. § 61.21(3)(b)). Ask before you enroll.

When to take it

Florida's statute sets a timeline for the course after the case begins: unless the court excuses it, the petitioner must complete the course within 45 days after filing the petition, and the other parent within 45 days after being served (Fla. Stat. § 61.21(5)). Local practice in the Fourth Judicial Circuit and other circuits can add expectations of its own. The practical answer is simple: take it as soon as the case is filed or as soon as you are served. It takes an afternoon, and finishing early takes one item off the checklist for good.

Taking the course early also helps in a way the deadline does not capture. Most of what the course teaches, such as communicating with the other parent in writing, keeping adult issues away from the children, and planning for exchanges, is directly useful when you sit down to build a parenting plan. Parents who finish the course before mediation often come to the table better prepared.

The certificate of completion

When you finish, the provider issues a certificate of completion. That certificate, not the course itself, is what proves you complied. Make sure it is filed with the court in your case, either by the provider or by you, depending on the provider's practice. The statute requires each party to file proof of compliance before the final judgment is entered (Fla. Stat. § 61.21(5)). Keep your own copy.

Before the final hearing, look at the court file or ask your lawyer to confirm that both certificates are there. A missing certificate is a small problem with a large consequence: the court generally will not enter the final judgment until it is fixed.

What happens if a parent will not take it

Sometimes one parent finishes the course and the other does not. Because the final judgment generally cannot be entered until both parents complete it (unless the court excuses one of them), a parent who refuses can slow the case down. The court has tools to respond, including ordering completion by a specific date and addressing noncompliance through the court's enforcement powers, which include contempt and other sanctions (Fla. Stat. § 61.21(9)). If you are the parent who completed the course, document that you did, keep your certificate, and let your lawyer raise the issue with the court rather than trying to negotiate it yourself.

Parents who live out of state

A parent who lives outside Florida is still a party to the Florida case and is still generally subject to the requirement. Because the approved list must include a statewide online course (Fla. Stat. § 61.21(3)(c)), distance is rarely a reason the course cannot be done. A parent stationed overseas with the military or living abroad should raise any practical problem with the court early, rather than waiting until the final hearing.

Other programs a judge may order

The parent course is a baseline requirement. In some cases, a judge may also order something more, such as a co-parenting program, counseling, or another class tailored to the family's circumstances. If that happens, follow that order separately. Completing the parent course does not satisfy a different order, and a different program does not satisfy the parent course requirement unless the court says so.

Getting the most out of it

Most parents approach the course as a box to check, and that is understandable when everything else in the case feels more urgent. A few habits make the time more useful:

1. Take notes on anything that applies to your family, such as suggestions for exchanges, school communication, or talking to children about the divorce.
2. Bring those notes to mediation. Ideas from the course can become specific terms in your parenting plan.
3. Save the course materials. Many providers allow access for a period after completion, and the material is often more relevant six months into co-parenting than it was on day one.
4. Keep the certificate with your case documents, so it is easy to find if anyone asks for it later.

Frequently asked questions

Do we have to take the parenting course if our divorce is uncontested? Generally, yes. The requirement applies to dissolution cases with minor children whether or not they are contested. The court can excuse it for good cause, but you should not count on that.

Can I take the course online? Many approved providers offer online courses. Confirm the provider is on the Department of Children and Families approved list before you enroll.

Do I have to take the course with my spouse? No. Each parent takes the course separately and receives a separate certificate.

I took the course in a previous case. Do I have to take it again? It depends on the court and how long ago you took it. Ask the court or your lawyer before assuming an old certificate will be accepted in the new case.

The parenting course is the easiest requirement in a Florida divorce to satisfy and one of the most frustrating to discover at the last minute. Take it early, from an approved provider, and make sure the certificate reaches the court file. If you have questions about what else must be in place before a final hearing, or about building a parenting plan that will actually work for your children, that is what a consultation is for.

Steven C. Fraser, Esq., Florida Bar No. 625825, Florida Supreme Court Certified Family Mediator No. 37256 CFR. Jacksonville, Florida. 877-862-7188.