Florida
Florida Child Custody (Parenting Plans)
13 min read
Updated
Parental Responsibility
**Shared parental responsibility** is the default in Florida. This means both parents share in making major decisions about:
- Education
- Healthcare
- Religious upbringing
- Extracurricular activities
**Sole parental responsibility** (one parent makes decisions alone) is only awarded when shared responsibility would be detrimental to the child. Courts disfavor sole responsibility and require clear evidence of harm.
**Ultimate decision-making authority**: Sometimes one parent is given final say on specific issues (like education or medical care) when parents cannot agree, while still maintaining shared responsibility overall.
Time-Sharing
Time-sharing refers to the schedule of when children are with each parent. Florida has no presumption for or against equal time-sharing — the schedule is based on the child's best interests.
**Common arrangements**:
- Equal time (50/50): Various schedules — week on/week off, 2-2-3, etc.
- Primary residence with one parent: Other parent has weekends, midweek visits, and holiday sharing
- Graduated schedules: For very young children or special circumstances
The Parenting Plan must include a detailed schedule covering regular time, holidays, school breaks, and summer.
Best Interests Factors
Florida courts consider 20 specific factors under Fla. Stat. § 61.13(3), including:
1. Each parent's capacity to facilitate the child's relationship with the other parent
2. The moral fitness of the parents
3. The mental and physical health of the parents
4. The child's home, school, and community record
5. Each parent's ability to provide consistency and stability
6. The geographic viability of the parenting plan
7. Each parent's participation in the child's activities
8. Evidence of domestic violence or abuse
9. Any other relevant factor
**The preference of the child** may be considered if the child is of sufficient intelligence and understanding.
Parenting Plan Requirements
Every Florida Parenting Plan must address:
- **Decision-making**: How major decisions will be made
- **Time-sharing schedule**: Detailed daily schedule
- **Holidays and special days**: Specific allocation
- **School breaks**: Summer and other vacation time
- **Transportation**: How exchanges will occur
- **Communication**: How parents will communicate about children
- **Extra-curricular activities**: Decision-making process
- **Technology**: Video/phone contact with the other parent
Courts will not approve a dissolution with minor children without a complete Parenting Plan.
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