Parenting Plan in Florida Divorce: 2026 Uncontested Guide

Every Florida divorce involving minor children requires a written parenting plan approved by the court under Florida Statute 61.13. In an uncontested case where both parents agree, a parenting plan florida divorce settlement specifies the time-sharing schedule and parental responsibility — and our firm prepares the entire uncontested case for a $750 flat attorney fee, the same price in all 67 counties (court costs of about $408-$410 and notary are separate).

What Is a Parenting Plan in a Florida Divorce?

A parenting plan is the court-approved document that governs how divorced or divorcing parents will share the responsibilities and time with their minor children. Under Florida Statute 61.13(2)(b), every case involving minor children must include a parenting plan, whether the parents agree on one (uncontested) or the court establishes one after a dispute (contested).

Florida law does not use the words "custody" or "visitation." Instead, the statute uses two distinct concepts:

• Time-sharing: the schedule setting out the days and times each child spends with each parent (the physical arrangement).
• Parental responsibility: how the parents make major decisions about the child's education, healthcare, religion, and extracurricular activities (the legal decision-making authority).

A complete parenting plan addresses both. Under F.S. 61.13(2)(b), the plan must, at a minimum, describe how the parents will share daily tasks of child-rearing, specify the time-sharing schedule, designate who is responsible for healthcare and school-related matters, and describe the methods and technologies parents will use to communicate with the child.

In an uncontested divorce, the parents write the parenting plan themselves (often with attorney assistance), sign it, and submit it for the judge's approval at the final hearing. The plan becomes a binding court order once the Final Judgment of Dissolution is entered.

Is a Parenting Plan Required for Every Florida Divorce With Children?

Yes. Under Florida Statute 61.13(2)(b), a parenting plan is mandatory in every dissolution of marriage action that involves a minor or dependent child. There is no exception for amicable or uncontested cases. Even when both parents fully agree, the court will not enter a Final Judgment until a parenting plan has been filed and approved.

The practical difference between uncontested and contested cases is who writes the plan:

• Uncontested: the parents agree on every term, draft the plan together, and submit a jointly signed parenting plan with their Marital Settlement Agreement. The judge reviews it for the child's best interests and, if it is complete and reasonable, approves it.
• Contested: the parents cannot agree, so each side proposes a plan, the court typically orders mediation, and if mediation fails a judge decides the terms after a hearing.

Because an agreed parenting plan keeps the decision in the parents' hands rather than the judge's, it is one of the strongest reasons to resolve a case as an uncontested divorce. Our firm handles uncontested Florida divorces with children for the same $750 flat attorney fee as those without — when there are minor children, the package simply adds the parenting plan, a child support guidelines worksheet, and the UCCJEA affidavit.

What Must a Florida Parenting Plan Include?

Florida Statute 61.13(2)(b) sets the minimum contents of every parenting plan. A plan that omits these elements is incomplete and may be rejected by the court. At a minimum, the parenting plan must:

Beyond the statutory minimum, a well-drafted parenting plan in an uncontested case typically also addresses:

• A detailed weekday and weekend schedule, including exchange times and locations.
• A holiday and school-break rotation (winter break, spring break, summer, Thanksgiving, and parent-specific holidays such as Mother's Day and Father's Day).
• Transportation responsibility for exchanges.
• How the parents will handle the child's extracurricular activities and associated costs.
• A method for resolving future disagreements (such as a meet-and-confer requirement or mediation before returning to court).
• Decision-making authority for non-routine medical, educational, and religious decisions.

The Florida Supreme Court provides a standardized form — Form 12.995(a) (Parenting Plan) — available at flcourts.gov. In an uncontested case, our firm prepares the parenting plan and the Marital Settlement Agreement so the terms are consistent and complete before they reach the judge.

How Does the Equal Time-Sharing Presumption Work in Florida?

Effective July 1, 2023, Florida Statute 61.13(3) created a rebuttable presumption that equal time-sharing (a 50/50 schedule) is in the best interests of a minor child. This was a significant change from prior law, which had no presumption in favor of any particular schedule.

The equal time-sharing presumption florida courts now apply means the starting point is a 50/50 split of overnights. A parent who wants a schedule other than equal must present evidence that equal time-sharing is not in the child's best interests. The presumption can be overcome by a preponderance of the evidence.

In an uncontested divorce, the presumption matters less because the parents are agreeing on a schedule rather than litigating it. Parents are free to agree to any time-sharing schedule that serves their child — equal, majority/minority, or a customized arrangement — as long as the judge finds it consistent with the child's best interests. Common agreed schedules include:

• 50/50 schedules: week-on/week-off, 2-2-3, or 2-2-5-5 rotations.
• Majority/minority schedules: one parent has the child most weeknights, with alternating weekends and shared holidays for the other parent.
• Long-distance schedules: extended time during summer and school breaks when parents live far apart.

The court evaluates the agreed plan against the best-interest factors in F.S. 61.13(3), which include each parent's demonstrated capacity to facilitate a close relationship between the child and the other parent, the moral fitness of the parents, the stability of each home, and (if the child is mature enough) the child's reasonable preference. For more on how local courts handle these cases, see our guides for Orange County and Miami.

How Is Parental Responsibility Decided in an Uncontested Case?

Parental responsibility — the authority to make major decisions about the child — is governed by Florida Statute 61.13(2)(c). Florida public policy strongly favors shared parental responsibility, meaning both parents confer and jointly decide major issues such as education, non-emergency healthcare, and religious upbringing.

There are three common arrangements an uncontested parenting plan can specify:

• Shared parental responsibility: both parents must confer and agree on major decisions. This is the default and most common arrangement in Florida.
• Shared parental responsibility with decision-making authority: parents share responsibility, but one parent has the final say on a specific category (for example, one parent decides educational matters and the other decides healthcare) when the parents cannot agree.
• Sole parental responsibility: one parent makes major decisions alone. Under F.S. 61.13(2)(c)2, a court will only order this if shared responsibility would be detrimental to the child — it is uncommon and generally requires a showing of serious issues such as substance abuse or domestic violence.

In an uncontested divorce, parents almost always choose shared parental responsibility, which reflects Florida's policy that each minor child should have frequent and continuing contact with both parents. The parenting plan should clearly state which arrangement applies and how the parents will handle disagreements about major decisions.

What Is the Difference Between Time-Sharing and Child Support?

Time-sharing and child support are related but separate. The time-sharing schedule florida parents agree on directly affects the child support calculation, but they are governed by different statutes.

Child support is calculated under Florida Statute 61.30 using the Income Shares Model, which combines both parents' net incomes and the number of overnights each parent has with the child. The more overnights a parent exercises, the more the guideline support amount can shift. Under F.S. 61.30(11)(b), when each parent has the child for at least 20 percent of the overnights (73 nights per year), a "gross-up" calculation applies that accounts for the duplicated costs of two households.

Key points for an uncontested case:

• The parties must complete a Child Support Guidelines Worksheet (Form 12.902(e)) and file it with the court.
• Child support is presumptively set by the guidelines, but parents may agree to a different amount if they justify the deviation in writing and the court approves it.
• Parents generally cannot waive child support entirely — it is the child's right, not the parent's, and the court must find any agreed amount is in the child's best interests.

Because the schedule drives the dollar amount, our firm prepares the parenting plan and the child support worksheet together so the numbers are internally consistent before the final hearing.

Simplified Dissolution vs. Regular Uncontested Dissolution: Which Applies When There Are Children?

Florida offers two uncontested paths, but only one is available to parents with minor children. This is one of the most important distinctions to get right.

The takeaway: if you have minor or dependent children, you cannot use the simplified dissolution under F.S. 61.052(2). You must file a regular uncontested dissolution using Form 12.901(b)(2) (Petition for Dissolution of Marriage with Dependent or Minor Children), accompanied by a Marital Settlement Agreement, a parenting plan, and a child support worksheet. Our $750 flat fee covers this regular uncontested path with children — the same statewide price.

What Forms and Documents Are Needed for an Uncontested Divorce With a Parenting Plan?

An uncontested Florida divorce with children requires a specific set of Florida Supreme Court Approved Family Law Forms, available at flcourts.gov and filed through the Florida Courts E-Filing Portal at myflcourtaccess.com. The core documents are:

• Petition for Dissolution of Marriage with Dependent or Minor Children — Form 12.901(b)(2).
• Parenting Plan — Form 12.995(a).
• Child Support Guidelines Worksheet — Form 12.902(e).
• Family Law Financial Affidavit — Form 12.902(b) (short form, income under $50,000/year) or Form 12.902(c) (long form, income $50,000 or more).
• Marital Settlement Agreement — covering property, debts, time-sharing, child support, and (if any) alimony.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit — Form 12.902(d).
• Notice of Social Security Number — Form 12.902(j).
• Final Judgment of Dissolution of Marriage with Dependent or Minor Children — Form 12.990(c)(2).
• Certificate of Compliance with Mandatory Disclosure — Form 12.932.

Parents who both agree may file a Notice of Joint Verified Waiver of Filing Financial Affidavits (Form 12.902(k)) under Florida Family Law Rule 12.285 to avoid filing the affidavits publicly — though the financial information still informs the child support calculation. Florida also requires both parents to complete a Department of Children and Families-approved Parent Education and Family Stabilization Course before the Final Judgment is entered, per F.S. 61.21.

Because the forms must be internally consistent — the schedule in the parenting plan must match the overnights used in the child support worksheet, which must match the figures in the financial affidavits — having a licensed Florida attorney prepare the package reduces the risk of a rejected filing or a continued hearing. See our county-specific walkthroughs for Jacksonville and Tampa.

How Long Does an Uncontested Divorce With a Parenting Plan Take in Florida?

Florida has no mandatory waiting period after filing for an uncontested divorce — the only timing requirement is that at least one spouse meet the 6-month residency requirement under Florida Statute 61.021 before filing. In practice, the timeline depends on how quickly the parents complete the parenting course, finalize their parenting plan, and how soon the local clerk can set a final hearing.

Many uncontested cases with children conclude within a few weeks to a couple of months once everything is signed, but the court controls the hearing calendar, so we cannot promise a specific date. The biggest variables are completing the required parenting course and the local clerk's availability for a final hearing.

How Much Does an Uncontested Divorce With a Parenting Plan Cost?

Our firm prepares a complete uncontested Florida divorce — including the parenting plan, child support worksheet, Marital Settlement Agreement, and all required forms — for a $750 flat attorney fee. That price is the same in all 67 Florida counties, whether or not your case involves minor children.

Separate from our attorney fee, you will pay:

• The county filing fee, typically about $408-$410 (set by each county clerk; an additional charge may apply when there are minor children).
• Notary fees (about $50 per session) for signing the petition, MSA, and parenting plan.
• The parent education course fee, which varies by provider.
• A process server fee ($40-$75) only if your spouse must be formally served rather than signing an Answer and Waiver.

Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk. Compared with traditional family-law retainers of $5,000 to $7,500, a flat, transparent attorney fee with court costs disclosed up front lets agreeing parents budget the entire divorce in advance.

When Is a Case Too Complex for the Flat-Fee Uncontested Path?

An uncontested flat-fee divorce is a good fit when both spouses genuinely agree on every issue, including the parenting plan and child support. It is not the right tool for every situation. A case is contested — and the flat fee does not apply — if the parents disagree about any of the following:

• The time-sharing schedule or which parent the child lives with primarily.
• Whether parental responsibility should be shared or sole.
• The amount of child support or a deviation from the guidelines.
• Relocation of a parent and child more than 50 miles away (which triggers F.S. 61.13001).
• Any allegation involving domestic violence, substance abuse, or child safety.

If safety is a concern, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. In these situations, parents typically need full representation in a contested matter rather than an uncontested package. The honest answer is that some cases are too complex for a flat-fee path — and our office will tell you that during a consultation rather than after you have paid.

Can You Change a Florida Parenting Plan After the Divorce?

Yes, but not freely. Once a parenting plan is incorporated into a Final Judgment, it is a binding court order. To change time-sharing or parental responsibility, a parent must file a Supplemental Petition to Modify and prove, under Florida Statute 61.13(2)(c) and controlling case law, a substantial, material, and unanticipated change in circumstances since the original order, and that the change is in the child's best interests.

This is a higher standard than the original determination, which is why getting the parenting plan right the first time matters. A well-drafted plan that anticipates predictable changes — such as a child starting school or a parent's shifting work schedule — can reduce the need for later modification. For agreed adjustments, both parents can stipulate to a modification and submit it for court approval, which is far simpler than a contested modification.

Frequently Asked Questions

See the structured FAQ section below.

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.