The Divorce Process  ›  The Parenting Plan
Step 05 · Drafted

The Parenting Plan

Children come first.

Every Florida divorce involving minor children ends with a parenting plan — a court-adopted blueprint for where the children sleep, who makes decisions, and how two households will function as one family. Since 2023, the law starts from a presumption that equal timesharing serves the child’s best interests. This chapter explains what every plan must contain, how the presumption really works, and how the record you build decides the outcome.

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What every plan must cover

A parenting plan is not a vibe; it is a document with required contents. The timesharing schedule — school weeks, weekends, holidays, and summer — is the core. Around it: how parental responsibility is shared, who decides on education, healthcare, and extracurriculars, which parent’s address controls school designation, how the parents will communicate with each other and with the children, and the logistics of exchanges and travel. The best plans are specific enough that two people who no longer agree on much can follow them without calling their lawyers.

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The 50/50 presumption — and what rebuts it

Since July 2023, Florida law presumes that equal timesharing is in a child’s best interests. The presumption is rebuttable by a preponderance of the evidence, and the court must still work through the statutory best-interest factors and make written findings. In practice, geography, work schedules, the children’s ages and needs, and safety concerns are what move courts off an equal schedule. Whichever side of the presumption you are on, the case is won with evidence, not adjectives.

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The best-interest factors, in plain English

The statute lists roughly twenty factors; the themes are simple. Which parent facilitates the child’s relationship with the other — and which one undermines it. Who has actually performed the daily parenting: homework, doctors, practices, mornings. Stability and continuity. Each parent’s physical and mental health. The child’s ties to school and community. Any history of violence, abuse, or substance problems. And, with appropriate weight for age and maturity, the child’s own reasonable preference. Judges are pattern-readers; the factors are the pattern they read for.

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The parenting course — a hard prerequisite

Florida requires both parents in a dissolution with minor children to complete a four-hour Parent Education and Family Stabilization course from an approved provider before the final judgment can be entered. It is inexpensive, available online, and best knocked out early — a missing certificate is a needless reason to delay a final hearing that everything else is ready for.

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When safety is the issue

The presumption of shared parenting yields where a parent presents a danger. Evidence of domestic violence, abuse, or serious substance misuse can rebut shared parental responsibility entirely, and courts can order supervised timesharing, exchanges through neutral locations, sobriety conditions, or sole decision-making authority. These cases are evidence-intensive and emotionally brutal, and they are precisely where careful lawyering — documentation, injunction practice, expert input — matters most.

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Relocation is its own statute

After the plan is in place, a parent who wants to move fifty miles or more for sixty days or longer cannot simply go. Florida’s relocation statute requires either a signed agreement or a court petition decided on its own best-interest analysis — and moving without one is a fast way to lose the very timesharing you are trying to protect. If a move is even on the horizon during your divorce, the plan should be drafted with that future fight in mind.

The Steady Hand

Judges read patterns: the school portal logins, the pediatrician visits, the coach’s emails. We help you build that record deliberately, starting now — because at trial, a track record beats an accusation every single time.

Questions we hear at this step

At what age can my child choose?

There is no magic age in Florida. A child’s reasonable preference is one factor among many, weighted by the court’s assessment of the child’s intelligence and maturity. Judges also work hard to keep children out of the middle — testimony from a child requires the court’s advance permission.

Can we just write our own schedule?

Yes — and you should try. Courts routinely adopt reasonable agreed parenting plans, and a schedule two parents designed around their real lives almost always outperforms one a stranger imposed. Agreement at this step also removes the single most painful issue from trial.

Is this the same thing as custody?

Florida retired the words “custody” and “visitation” years ago. The law speaks of parental responsibility (decision-making) and timesharing (the schedule). It is more than vocabulary — the framework assumes both parents remain parents.

Do mothers automatically get the children?

No. The statute is expressly gender-neutral, and since 2023 the starting presumption is equal timesharing for both parents. Outcomes turn on the best-interest factors and the evidence — not on which parent is which.

Related on this site: Time-Sharing & Child Custody·Is Florida a 50/50 State?

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