Florida Time-Sharing and Parenting Plans

Florida uses unique terminology for child custody—"parental responsibility" instead of custody and "time-sharing" instead of visitation. Understanding Florida Statutes § 61.13 is essential for creating a parenting plan that protects your children's interests. Whether you're navigating a contested or uncontested divorce, this guide translates Florida's legal framework into practical guidance.

This comprehensive guide covers the equal time-sharing presumption (effective since 2023), mandatory parenting plan components, best interest factors, and the 50-mile relocation threshold that affects Florida families.

Types of Parental Responsibility

Florida law distinguishes between different types of parental responsibility:

Shared Parental Responsibility

Shared parental responsibility is the default in Florida. Both parents retain full parental rights and responsibilities, and both must confer and jointly make major decisions affecting the child's welfare. This includes decisions about:

• Education (school choice, special programs)
• Healthcare (medical, dental, psychiatric treatment)
• Religious upbringing
• Extracurricular activities

Sole Parental Responsibility

Courts may award sole parental responsibility to one parent when shared responsibility would be detrimental to the child. This typically occurs when there is:

• A history of domestic violence
• Substance abuse issues
• Child abuse or neglect
• Inability of parents to communicate effectively

Shared with Ultimate Decision-Making

In some cases, the court may order shared parental responsibility but designate one parent to have ultimate decision-making authority in specific areas (such as education or healthcare) when the parents cannot agree.

Equal Time-Sharing Presumption (Since 2023)

Under § 61.13, Florida law now creates a rebuttable presumption that equal time-sharing is in the child's best interests:

• 50/50 starting point: Courts begin with the presumption that children benefit from equal time with both parents
• Rebuttable by evidence: Either parent can overcome this presumption by proving that equal time-sharing is not in the child's best interest
• Written findings required: If the court deviates from equal time-sharing, it must make specific written findings explaining why
• Best interest controls: The presumption does not override the court's duty to protect the child's welfare

Important: Equal time-sharing does not automatically mean equal child support. If parents have significantly different incomes, child support may still be ordered even with a 50/50 schedule.

Best Interest Factors

Under § 61.13(3), Florida courts must evaluate these factors when determining parental responsibility and time-sharing:

1. The demonstrated capacity of each parent to facilitate a close relationship with the other parent
2. The anticipated division of parental responsibilities after litigation
3. Each parent's ability to determine and meet the child's needs
4. The length of time the child has lived in a stable environment
5. The geographic viability of the parenting plan
6. The moral fitness of the parents
7. The mental and physical health of the parents
8. The child's home, school, and community record
9. The reasonable preference of the child (if sufficiently mature)
10. Each parent's willingness to maintain continuity in the child's life
11. Evidence of domestic violence or child abuse
12. Any other relevant factor

Mandatory Parenting Plan Components

Under Florida law, every case involving minor children must include a Parenting Plan. The Form 12.995 must address:

1. Time-Sharing Schedule

• Regular weekday and weekend schedule
• Holiday and school break rotation
• Summer vacation schedule
• Special days (birthdays, Mother's/Father's Day)
• Total overnights must equal 365 (used for child support calculation)

2. Healthcare Decisions

• Who makes routine healthcare decisions
• Who makes emergency healthcare decisions
• Who maintains health insurance
• How uninsured medical expenses are divided

3. School-Related Matters

• Address for school boundary determination
• Who makes educational decisions
• How extracurricular activities are decided

4. Communication

• Methods of parent-to-parent communication
• Phone/video schedule with children during the other parent's time
• Technology use and social media rules

5. Transportation and Exchange

• Exchange times and locations
• Transportation responsibilities
• Cost-sharing for travel

Need a Detailed Schedule Analysis?

The calculator above helps you explore different time-sharing arrangements. For a comprehensive analysis covering holiday rotations, travel logistics, and child support implications, get your full Florida parenting plan analysis here.

Mediation Requirements

Under § 44.102 and Family Law Rule 12.740, Florida strongly favors mediation:

• Circuits must refer disputed time-sharing issues to mediation (subject to domestic violence exceptions)
• Remote mediation allowed: May be conducted by video or audio technology when ordered or agreed
• Confidential communications: Mediation discussions cannot be used in court
• Many circuits require mediation before a contested trial can be scheduled

Domestic Violence Considerations

Florida takes domestic violence seriously in parenting determinations:

• Rebuttable presumption against: Parents convicted of domestic violence face a presumption against shared responsibility and time-sharing
• Supervised time-sharing: Courts may order supervision when safety concerns exist
• Protected exchanges: Every Florida county sheriff's office offers at least one designated safe exchange location
• Mediation restrictions: Courts must consider whether domestic violence would compromise a party's ability to negotiate

Relocation Rules (50-Mile Threshold)

Under § 61.13001, Florida has strict requirements for relocating with a child:

• Definition: Moving the child's principal residence 50 or more miles for 60 or more consecutive days
• Notice required: Must serve written notice to the other parent at least 60 days before the move
• Agreement or petition: Requires either a written, court-approved agreement or a petition to relocate
• Objection process: The non-relocating parent has 20 days to object
• Temporary orders: Court can grant temporary orders pending final hearing

Warning: Relocating without proper notice or court approval can result in contempt charges and may negatively affect your custody case.

Mandatory Parent Education Course

Under § 61.21, Florida requires divorcing parents to complete a Parent Education and Family Stabilization Course:

• Minimum 4 hours of instruction
• Must be completed early in the case
• Certificate required before final judgment can be entered
• Available in-person, online, or by video

Child Support Connection

Your time-sharing schedule directly affects child support calculations. Under § 61.30:

• Guidelines worksheet required: Form 12.902(e) must be filed in any case involving child support
• Overnights matter: The number of annual overnights affects the support calculation
• Deviation allowed: Up to ±5% without findings; more than ±5% requires written justification
• Healthcare and childcare: Added to the guideline amount

Modifying Parenting Plans

Time-sharing arrangements can be modified when circumstances change:

• Substantial, material change: Required to modify the parenting plan
• No longer must be "unanticipated": 2023 law removed this requirement
• Best interest analysis: Court must still find the modification serves the child's best interests
• Emergency modifications: Available when child's safety is at risk

Required Florida Forms

Key forms for Florida parenting cases include:

• 12.995(a): Standard Parenting Plan
• 12.995(b): Supervised/Safety-Focused Parenting Plan
• 12.995(c): Relocation/Long-Distance Parenting Plan
• 12.902(d): UCCJEA Affidavit (required for any case with minor children)
• 12.902(e): Child Support Guidelines Worksheet

Key Takeaways

• Unique terminology: Florida uses "parental responsibility" and "time-sharing" instead of custody and visitation
• Equal time-sharing presumption: 50/50 is the starting point unless evidence shows otherwise
• Parenting Plan required: Must address time-sharing, healthcare, education, and communication
• 365 overnights total: Must add up for child support calculation
• Mediation encouraged: Most circuits require mediation before contested trials
• 50-mile relocation threshold: Requires court approval or agreement under § 61.13001
• Parent education course: 4-hour minimum required before final judgment
• Best interest controls: § 61.13(3) factors guide all decisions

For more information about Florida divorce processes, see our Florida divorce timeline and filing checklist. For property division information, review our Florida marital property guide.