Florida Parenting Plans: Requirements, Violations, and Enforcement
A parenting plan is a court order. Florida judges take it seriously, and they have real tools when a parent won’t follow it. In this article, I explain what a Florida parenting plan must include, how to co-parent under one without constant fights, what counts as a violation, and what you can do when talking it out isn’t working.
What a Florida Parenting Plan Must Include
Florida law requires a parenting plan in every case involving a minor child, whether the parents were married or not. The court must approve it. See Fla. Stat. § 61.13(2)(b). At a minimum, the plan must cover:
- How the parents will share the daily tasks of raising the child
- The time-sharing schedule, including weekdays, weekends, holidays, school breaks, and summer
- Who is responsible for health care, school matters, and activities
- How the parents and the child will communicate
- Where exchanges will happen, unless the parents agree otherwise
In most cases, both parents share major decisions. This is called shared parental responsibility. The plan explains how that works day to day. Learn more about how judges set time-sharing on our Florida child custody page.
The Biggest Problem: Vague Language
Most parenting plan fights aren’t about what the plan says. They’re about what it leaves out.
A plan that says “the parents will communicate about major decisions” doesn’t define a major decision, set a deadline to respond, or say what happens if one parent ignores the other. That works fine while both parents get along. The moment they don’t, it’s useless.
| Vague | Specific |
|---|---|
| “Exchanges will happen at a reasonable time.” | “Exchanges happen Sundays at 6:00 p.m. at the school parking lot. A parent more than 30 minutes late without notice forfeits that exchange.” |
| “Parents will share holidays.” | “Mother has Thanksgiving in even years, Father in odd years, from 10:00 a.m. Wednesday to 6:00 p.m. Sunday.” |
| “Parents will discuss major decisions.” | “A parent proposing a major decision must notify the other in writing. The other parent must respond within 72 hours.” |
| “Reasonable notice for schedule changes.” | “Schedule change requests must be made at least 48 hours in advance through the co-parenting app.” |
That’s why we focus so hard on the details when we draft a plan, whether in a settlement or at mediation. Getting it right the first time almost always costs less than going back to court to fix it.
How to Co-Parent Under a Parenting Plan
Your divorce ends your marriage. It doesn’t end your family. You and your ex will be linked through your children for years, and how well you co-parent matters as much as what the plan says.
Separate the Marriage From the Parenting
You don’t have to be friends. You just have to be functional teammates. It helps to think of it this way: you’re not ex-spouses fighting for control. You’re co-parents managing a shared project called your children.
Be Flexible When It Makes Sense
A parenting plan is a framework, not a script. People get sick, work runs late, and trips come up. Florida judges would rather see parents work out small changes on their own than run to court over every one. Being flexible doesn’t make you a pushover. It builds goodwill you’ll need when you’re the one asking for a favor.
Keep the Kids Out of the Middle
Don’t use your children as messengers or as someone to vent to. They don’t need to know who filed first or who pays child support. They need the freedom to love both parents without guilt. If you need to vent, call a therapist or a friend.
When New Partners Come Along
Sooner or later, one of you will start dating. Unless there’s real danger, like substance abuse or violence, Florida courts generally won’t limit who your ex introduces to the kids. Trying to control that in court usually fails. It’s often better to meet the new partner, even briefly. It’s also reasonable to ask that a new partner not be called “Mom” or “Dad.”
Get Help in High-Conflict Cases
Some co-parenting relationships stay high-conflict no matter what. These tools can help, and they usually cost less than repeated court fights:
- A parenting coordinator, a neutral professional who helps parents follow the plan and settle day-to-day disputes. See Fla. Stat. § 61.125.
- A co-parenting app like OurFamilyWizard or TalkingParents, which keeps a time-stamped record of every message
- Co-parenting counseling to improve communication and lower the temperature
What Counts as a Parenting Plan Violation?
A violation happens when a parent doesn’t follow a part of the court-approved plan. Common examples include:
- Withholding the child during the other parent’s time, or refusing to return the child after an exchange
- Moving without permission. In Florida, a parent generally needs a written agreement or court approval to move 50 miles or more from their home for at least 60 days in a row. See Fla. Stat. § 61.13001.
- Making major decisions alone, like choosing a school or a non-emergency medical treatment, when the plan requires both parents to decide
- Blocking communication between the child and the other parent
One late exchange isn’t the same as a pattern. Judges understand that. But repeated, documented violations build a record that supports enforcement or a change to the plan.
Child Support and Time-Sharing Are Separate
This is one of the most common mistakes I see. Florida law treats child support and time-sharing as two separate obligations:
- If your ex doesn’t pay child support, you still have to follow the time-sharing schedule.
- If your ex keeps you from your time with the kids, you still have to pay your ordered support.
Both rules are in Fla. Stat. § 61.13(4). Taking matters into your own hands can turn you into the parent who’s violating the order.
How to Document Violations
If you go to court, a judge needs more than your word against the other parent’s. Good records are the foundation of any enforcement case.
- Keep a log. Write down the date, time, and a short, factual description of each incident.
- Note the rule that was broken. Point to the specific part of the plan.
- Save every text and email. A co-parenting app does this for you automatically.
- Stick to facts. Emotional or angry messages hurt you, not the other parent.
- Leave the kids out of it. Judges notice when children seem coached, and it backfires on the parent who did it.
How Florida Courts Enforce a Parenting Plan
When talking it out stops working, you can ask the court to step in.
Remedies for Withheld Time-Sharing
If a parent refuses to honor the time-sharing schedule without a good reason, Florida law lets the judge do one or more of the following. See Fla. Stat. § 61.13(4)(c).
- Award make-up time-sharing to the parent who missed time
- Order the violating parent to pay court costs and attorney’s fees
- Order the violating parent to take a parenting course
- Order community service
- Make the violating parent cover the costs of keeping in contact, if the parent and child live more than 60 miles away
- Change the parenting plan, if that’s in the child’s best interests
Contempt of Court
A motion for contempt tells the judge that a parent is willfully ignoring a court order. If the judge agrees, the parent can face fines, fees, and other sanctions. In serious cases, a judge can even order jail time until the parent complies. Courts don’t treat contempt lightly.
Emergency Motions
If a child is in immediate danger, you can ask the court for emergency help. These aren’t for routine disputes, and judges look at them closely. But when there’s a real emergency, the court can act fast.
Enforcing Child Support
If the other parent isn’t paying support, Florida has several tools. They include income withholding from a paycheck, contempt, and even suspending the parent’s driver’s license. See Fla. Stat. § 61.13016. Learn more on our Florida child support page.
When Your Parenting Plan Needs to Change
Sometimes the problem isn’t the other parent. It’s the plan itself. You have two paths to change it:
- By agreement. If both parents agree, you can submit a new plan to the court for approval, often without a full hearing. It’s faster and much cheaper.
- By a contested case. If the other parent won’t agree, you must show a “substantial and material change in circumstances” since the last order, and that the change is best for your child. See Fla. Stat. § 61.13(3).
A pattern of violations, a new work schedule, or a child’s changing needs can all be enough, depending on the facts. Keep in mind that judges look at what the parents have actually been doing, not just what the paperwork says. If you’ve informally followed a different schedule for months, that matters. Learn more about modifying a Florida parenting plan.
The Bottom Line
A parenting plan works best when it’s specific and both parents follow it in good faith. When one parent won’t, Florida law gives you real ways to enforce it. Keep good records, stay child-focused, and don’t take matters into your own hands. If you’re still in the middle of a divorce, see our guides to the Florida divorce process and what to do before filing. Learn more about our Florida family lawyers.
This article is for general information and is not legal advice. Reading it does not create an attorney-client relationship.