Florida Divorce With Children (2026) — Time-Sharing, Parental Responsibility, and Support

Florida has its own distinctive terminology and requirements for divorces involving children — and it's more detailed than most states. The good news: if you and your spouse agree on everything, it's very manageable without an attorney.

Disclaimer: This is general legal information, not legal advice. If you disagree on any child-related issue, consulting a Florida family law attorney is strongly recommended.

Florida's Unique Terminology — Learn This First

Florida replaced the terms "custody" and "visitation" entirely in 2008. Understanding the current terminology makes the forms much less confusing.

Parental Responsibility — Florida's term for decision-making authority (what most states call "legal custody"). Covers decisions about education, healthcare, religion, and extracurriculars.

  • Shared Parental Responsibility — Both parents make major decisions together. This is the default in Florida and what most agreed divorces use.
  • Sole Parental Responsibility — One parent makes decisions. Awarded only in limited circumstances (domestic violence history, significant impairment, etc.)

Time-Sharing — Florida's term for the physical schedule — when each parent has the children. Completely replaces "visitation" in Florida law and forms.

Parenting Plan — A required written document that must detail all aspects of time-sharing and parental responsibility. Required in every Florida divorce involving minor children — you cannot finalize without one.

The Parenting Plan — Florida's Most Important Child Document

Florida courts require a detailed Parenting Plan (Form 12.995(a) or 12.995(b)) in every divorce involving minor children. It must include:

Time-sharing schedule:

  • Regular weekly schedule (which days/nights with each parent)
  • School year vs. summer schedule
  • Holiday schedule (specific holidays listed and assigned to each parent)
  • Spring break, winter break, Thanksgiving
  • Mother's Day, Father's Day
  • Children's birthdays
  • Parents' birthdays (optional but recommended)
  • Summer vacation schedule

Parental Responsibility provisions:

  • How major decisions will be made
  • What happens when parents disagree (tie-breaking provision)
  • Which parent's address is used for school enrollment
  • Healthcare decision-making

Exchange logistics:

  • Where exchanges happen
  • Who is responsible for transportation
  • What happens if a parent is late

Communication:

  • How parents communicate with the child when with the other parent
  • Reasonable notice required for schedule changes

Travel:

  • Notice required for out-of-state travel
  • Notice required for international travel
  • Passport control provisions

The more detailed your Parenting Plan, the less room for future conflict. Florida courts want to see comprehensive plans — vague ones get sent back for revision.

Florida's 20 Best Interest Factors

Florida courts evaluate custody arrangements based on 20 statutory factors (§ 61.13) when determining the best interest of the child. Even in agreed cases, the judge reviews your Parenting Plan against these factors. Key factors include:

  • Each parent's demonstrated capacity to facilitate a close relationship with the other parent
  • Demonstrated knowledge of the child's life (school, medical, friends)
  • Moral fitness of each parent
  • Mental and physical health of each parent
  • Home, school, and community record of the child
  • Reasonable preference of the child (considering age and maturity)
  • Evidence of domestic violence, abuse, or neglect
  • Each parent's ability to provide a consistent routine
  • Geographic viability of the parenting plan (distance between homes)

Mandatory Parenting Class

Florida requires ALL parents in a divorce involving minor children to complete a Parent Education and Family Stabilization Course (§ 61.21).

  • 4 hours minimum
  • Must be completed before the final hearing
  • Certificate of completion must be filed with the court
  • Available online from approved providers ($25–$50)
  • Both parents must complete it — separately is fine

This is one of the most commonly missed requirements in Florida DIY divorces. Don't skip it.

Child Support in Florida

Florida uses the Income Shares model — both parents' incomes are used to calculate the total support obligation, which is then divided proportionally.

How It Works

Step 1: Add both parents' monthly gross incomes.

Step 2: Apply the Florida Child Support Guidelines (based on combined income and number of children) to get the total support obligation.

Step 3: Each parent's share is proportional to their income.

Step 4: Adjust for the time-sharing percentage — more overnight time with the child reduces the paying parent's obligation.

Example (simplified):

  • Parent A earns $4,000/month, has child 30% of the time
  • Parent B earns $3,000/month, has child 70% of the time
  • Combined income: $7,000/month
  • Guideline amount for one child at $7,000 combined: approximately $1,200/month
  • Parent A's share: ($4,000/$7,000) × $1,200 = $686/month
  • Adjusted for time-sharing percentage

Use the official Florida Child Support Calculator available through the Florida Department of Revenue's child support website.

Add-Ons to Base Support

  • Health insurance premiums for the child
  • Childcare costs (work-related or for education)
  • Extraordinary medical expenses

Required Forms

  • Form 12.993(a) — Child Support Guidelines Worksheet (required to show your calculation)
  • Income Withholding Order — required for wage garnishment

Required Forms for Divorce With Children

In addition to standard divorce forms:

  • Form 12.901(b)(1) — Petition for Dissolution With Dependent Children
  • Form 12.902(b) or (c) — Financial Affidavit (both parents)
  • Form 12.932 — Certificate of Compliance with Mandatory Disclosure
  • Form 12.995(a) — Parenting Plan (Standard) or 12.995(b) (Relocation)
  • Form 12.993(a) — Child Support Guidelines Worksheet
  • Form 12.902(e) — Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (UCCJEA)
  • Income Withholding Order (for child support payments)
  • Parenting class certificate of completion (filed with court)

Step-by-Step: Agreed Florida Divorce With Children

Step 1

Confirm residency. Discuss and fully agree with your spouse on: Parenting Plan details, child support amount (use the calculator), health insurance, and childcare cost sharing.

Step 2

Download all required forms from flcourts.org including Form 12.901(b)(1), financial affidavits, UCCJEA affidavit, Parenting Plan form, and Child Support Worksheet.

Step 3

Complete all forms. File at the Clerk of the Circuit Court with filing fee.

Step 4

Serve your spouse or have them sign Acceptance of Service.

Step 5

Both parents complete mandatory financial disclosure within 45 days. File Form 12.932.

Step 6

Both parents complete the mandatory parenting class. File certificates with court.

Step 7

Finalize Parenting Plan and Child Support Worksheet. Draft Marital Settlement Agreement covering all property, debt, and alimony terms.

Step 8

Wait out the 20-day period (or waive in MSA).

Step 9

File proposed Final Judgment package: MSA, Parenting Plan, Child Support Worksheet, Financial Affidavits, class certificates.

Step 10

Attend final hearing. Judge reviews Parenting Plan under best interest standard. Signs Final Judgment if satisfied.

Step 11

File signed Judgment. File Income Withholding Order with paying parent's employer. Get certified copies.

When You Really Need an Attorney

  • You and your spouse disagree on time-sharing (where child primarily lives)
  • There is a history of domestic violence, substance abuse, or child abuse
  • One parent wants to relocate with the children (Florida has strict relocation rules)
  • A child has special needs requiring complex support arrangements
  • Your spouse has hired an attorney

Florida Relocation — Important Warning

If the parent with majority time-sharing wants to move more than 50 miles from their current residence and the move affects time-sharing, Florida law (§ 61.13001) requires either:

  • Written agreement from the other parent, OR
  • Court approval after a hearing

This is one of the most litigated areas of Florida family law. If relocation is on the table, consult an attorney.

FAQ

Does Florida favor mothers over fathers in time-sharing? No. Florida law explicitly states that courts shall not presume that either parent is better solely because of gender.

Can our child choose which parent to live with? Florida courts consider the child's preference as one of the 20 best interest factors. Age and maturity affect how much weight the preference receives — a teenager's preference carries more weight than a young child's.

What is a time-sharing schedule if we agree to 50/50? A common 50/50 schedule is alternating weeks. Others include a 2-2-3 rotation (two days with one parent, two with the other, three days with the first) or week-on/week-off. Any schedule you both agree to works.

Does 50/50 time-sharing eliminate child support? No, but it significantly reduces it. Equal time-sharing reduces the support obligation but doesn't eliminate it entirely unless incomes are nearly equal.

What if my spouse and I live far apart? Distance significantly affects the time-sharing plan. The court considers "geographic viability" — a Parenting Plan must be realistic given where each parent lives. Long-distance plans need extra detail about transportation, holiday scheduling, and extended visits.

Last reviewed: March 2026 | Always verify current form requirements at flcourts.org.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.