Section 61.13 of the Florida Statutes is titled “Support of children; parenting and time-sharing; powers of court,”¹ and the instructions for Florida Supreme Court Approved Family Law Form 12.995(a), Parenting Plan, describe it as a “standard form.”² This article covers what the statute, the form’s instructions, and circuit court checklists say about the contents of a parenting plan, time-sharing, parental responsibility, and the parenting plan forms. The numbered notes at the end link to each original.
Related articles in this series include Uncontested Divorce in Florida, With or Without Children: What the Official Sources Say and Florida Child Support Guidelines: What the Official Sources Say.
The information that follows is taken directly from Florida statutes, Supreme Court approved family law forms, circuit court checklists, and Florida Bar publications. It is provided for educational purposes only and does not represent legal advice or the legal opinions of the author.
What Is a Parenting Plan in Florida
Section 61.046(14) defines a parenting plan as “a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child.”¹ Section 61.046(23) defines a time-sharing schedule as “a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent.”
The instructions for Form 12.995(a) state that “[a] Parenting Plan is required in all cases involving time-sharing with minor child(ren), even when time-sharing is not in dispute.”² They add that “[t]he Parenting Plan must be developed and agreed to by the parents and approved by the court,” and that if the parents cannot agree, “a Parenting Plan will be established by the court with or without the use of parenting plan recommendations.”
What a Florida Parenting Plan Must Include
Section 61.13(2)(b) provides that “[a] parenting plan approved by the court must, at a minimum, do all of the following”:¹
- “Describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child.”
- “Include the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent.”
- “Designate who will be responsible for” health care, “[s]chool-related matters, including the address to be used for school-boundary determination and registration,” and “[o]ther activities.”
- “Describe in adequate detail the methods and technologies that the parents will use to communicate with the child.”
- “Unless otherwise agreed to by both parents in writing, designate authorized locations for the exchange of the child.”
Form 12.995(a) contains sections on parental responsibility and decision making, information sharing, a weekday and weekend time-sharing schedule, holidays and school breaks, transportation and exchange, travel, education, communication, and child care.² The time-sharing section asks for each parent’s total overnights per year and states, “Note: The two numbers must equal 365.”
What Florida Law Says About Time-Sharing
Section 61.13(2)(c)1. states that “[i]t is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved.”¹ The same subparagraph provides that, “[u]nless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” It adds that, “[e]xcept when a time-sharing schedule is agreed to by the parties and approved by the court, the court must evaluate all of the factors set forth in subsection (3) and make specific written findings of fact when creating or modifying a time-sharing schedule.”
Section 61.13(3) states that “the best interests of the child must be the primary consideration” and lists twenty factors, including “[t]he demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required” and “[t]he length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.”¹ The Form 12.995(a) instructions set out the best-interest factors “as listed in section 61.13(3), Florida Statutes,” and state that “[t]his standard form does not include every possible issue that may be relevant to the facts of your case.”²
Shared and Sole Parental Responsibility
Section 61.046(17) defines shared parental responsibility as “a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.”¹ Section 61.13(2)(c)2. provides that “[t]he court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.”
Form 12.995(a) lists three parental responsibility options, which are shared parental responsibility, shared parental responsibility with decision-making authority assigned to one parent for listed areas such as “Education/Academic decisions” and “Non-emergency health care,” and sole parental responsibility.² Under “Day-to-Day Decisions,” the form states that “each parent shall make decisions regarding day-to-day care and control of each child while the child is with that parent.”
Florida Parenting Plan Forms 12.995(a), (b), and (c)
The Form 12.995(a) instructions refer to two other Supreme Court approved parenting plan forms. They state that “[i]f the case involves supervised time-sharing, the Supervised/Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b) or a similar form should be used,” and that if the case involves relocation under section 61.13001, “a Relocation/Long Distance Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(c) or a similar form should be used.”² The Eighteenth Judicial Circuit’s Brevard County checklist lists Form 12.995(c) with the note “If there is a plan to relocate or the other parent’s residence is more than 50 miles from the child(ren)’s principal place of residence.”³
The Sixth Judicial Circuit’s Pinellas County checklist for a dissolution with minor children lists “[a]n appropriate Parenting Plan – Forms 12.995(a), 12.995(b), or 12.995(c)” among the required filings.⁴ On signing, the Form 12.995(a) instructions state that “[i]f an agreement has been reached, both parties must sign the Parenting Plan and have their signatures witnessed by a notary public or deputy clerk.”² Each parent’s signature block on the form reads, “I certify that I have been open and honest in entering into this Parenting Plan. I am satisfied with this Plan and intend to be bound by it.”
When Parents Disagree or Have Legal Questions
The Form 12.995(a) instructions state that “[i]f the parents have not reached an agreement, a proposed Parenting Plan may be filed by either parent at the time of or any time prior to the final hearing,” and that “[i]f an agreed Parenting Plan is not filed by the parties, the court shall establish a Plan.”² The form’s dispute section states that parents “may wish to use mediation or other dispute resolution methods and assistance, such as Parenting Coordinators and Parenting Counselors, before filing a court action.” The Florida Bar describes its Lawyer Referral Service as a way for consumers to connect with verified attorneys, and the service can be reached at 800-342-8011 or floridabar.org/public/lrs.⁵
Need help completing the forms?
Form America LLC, the publisher of this site, offers flat-rate form completion and filing instructions for uncontested Florida divorce forms, including Parenting Plan Forms 12.995(a), 12.995(b), and 12.995(c), in all 67 Florida counties. To request help, use the contact form at noncontested.com. Because these are Supreme Court approved family law forms, Rule 10-2.2 of the Rules Regulating The Florida Bar allows a nonlawyer to ask you the factual questions needed to fill in the blanks and to tell you how to file the form.⁶ Every engagement begins with the signed Disclosure from Nonlawyer that the rule requires. Form America cannot answer legal questions or tell you which parenting plan form to use, what time-sharing schedule or holiday arrangement to choose, which parental responsibility option to select, or which parent’s address to designate for school purposes. Those decisions belong to you and the other parent. If you have a legal question, if the two of you do not agree, or if you would like an attorney, The Florida Bar Lawyer Referral Service can be reached at 800-342-8011.
Notes
- The Florida Senate, 2026 Florida Statutes, Chapter 61, Dissolution of Marriage; Support; Time-Sharing.
- Fifteenth Judicial Circuit of Florida, Instructions and Florida Supreme Court Approved Family Law Form 12.995(a), Parenting Plan (02/18).
- Eighteenth Judicial Circuit of Florida, Case Checklist, Petition for Dissolution of Marriage with Dependent or Minor Child(ren), Brevard County.
- Sixth Judicial Circuit of Florida, Case Progression Checklist, Dissolution of Marriage with Dependent or Minor Child(ren), Pinellas County (6/2024).
- The Florida Bar, Lawyer Referral Service.
- The Florida Bar, Rules Regulating The Florida Bar, Chapter 10, Rule 10-2.2, Form Completion by a Nonlawyer (June 30, 2026 edition).
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