PARENTING PLAN & CHILD CUSTODY AGREEMENT
(State of Florida)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Allocation of Parental Responsibility
3.2 Time-Sharing Schedule
3.3 Transportation & Exchange Protocols
3.4 Decision-Making Framework
3.5 Child Support & Expense Allocation
3.6 Relocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits & Appendices
1. DOCUMENT HEADER
1.1 Title. Parenting Plan & Child Custody Agreement (the “Agreement”).
1.2 Parties.
This Agreement is entered into by and between [PARENT A FULL LEGAL NAME], residing at [ADDRESS] (“Parent A”), and [PARENT B FULL LEGAL NAME], residing at [ADDRESS] (“Parent B,” and together with Parent A, the “Parties”).
1.3 Child(ren). This Agreement concerns the following minor child(ren) (individually and collectively, the “Child”):
| Name | Date of Birth | Current School |
|---|---|---|
| [CHILD 1] | [DOB] | [SCHOOL] |
| [CHILD 2] | [DOB] | [SCHOOL] |
1.4 Effective Date. This Agreement shall become effective on [EFFECTIVE DATE] (the “Effective Date”) upon approval and incorporation into a final judgment or order issued by the Circuit Court of the [____] Judicial Circuit in and for [COUNTY] County, Florida (the “Family Court”).
1.5 Jurisdiction & Governing Law. This Agreement is governed by, and shall be construed in accordance with, the laws of the State of Florida—including, without limitation, Fla. Stat. §§ 61.13 (parenting and time-sharing) and 61.13001 (parental relocation)—and the continuing, exclusive jurisdiction of the Family Court.
1.6 Recitals.
WHEREAS, the Parties are the biological/legal parents of the Child;
WHEREAS, the Parties desire to establish a comprehensive parenting plan that serves the Child’s best interests as enumerated in Fla. Stat. § 61.13(3);
NOW, THEREFORE, in consideration of the mutual promises herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms shall have the meanings ascribed to them in applicable Florida statutes.
“Best Interest Factors” means the factors listed in Fla. Stat. § 61.13(3)(a)–(t).
“Emergency” means an immediate threat to the Child’s health, safety, or welfare requiring prompt action.
“Holiday Schedule” means the time-sharing allocation for holidays set forth in Exhibit B.
“Legal Custody” (a/k/a “Shared Parental Responsibility”) means the authority to make major decisions affecting the Child’s welfare, education, health care, and religion.
“Major Decision” means any non-routine decision materially affecting the Child’s welfare, including but not limited to educational placement, elective medical procedures, and extracurricular commitments exceeding $[THRESHOLD] annually.
“Parent Coordinator” has the meaning provided in Fla. Stat. § 61.125.
“Relocation” has the meaning set forth in Fla. Stat. § 61.13001(1)(e).
“School Year” means the academic calendar of the Child’s primary school.
“Time-Sharing Schedule” means the routine weekly schedule in Exhibit A, as modified by the Holiday Schedule or by written agreement of the Parties.
3. OPERATIVE PROVISIONS
3.1 Allocation of Parental Responsibility
a. Shared Parental Responsibility. Except as provided herein, the Parties shall exercise shared parental responsibility pursuant to Fla. Stat. § 61.13(2)(c)(2), requiring mutual consultation on all Major Decisions.
b. Tie-Breaker Authority. If the Parties cannot reach timely agreement on a Major Decision after good-faith efforts and, where applicable, consultation with the Parent Coordinator, Parent [ A / B ] shall have final decision-making authority limited to [specify sphere—e.g., medical].
[// GUIDANCE: For sole parental responsibility or more granular allocations, modify subsection (b) and include factual basis supporting the Child’s best interests.]
3.2 Time-Sharing Schedule
a. Routine Schedule. The Child shall reside with Parent A during the following periods: [e.g., every Monday 8 a.m. – Thursday 8 a.m.] and with Parent B during the following periods: [e.g., every Thursday 8 a.m. – Monday 8 a.m.] as detailed in Exhibit A.
b. Holiday Schedule Supremacy. The Holiday Schedule in Exhibit B supersedes the routine Time-Sharing Schedule.
c. Right of First Refusal. If either parent requires child-care for a continuous period exceeding [4] hours during his or her scheduled parenting time, that parent shall first offer the unused time to the other parent.
d. Virtual Contact. Each parent shall facilitate reasonable audio-visual contact (e.g., FaceTime, Zoom) not less than [frequency] during the other’s parenting time, unless otherwise agreed.
3.3 Transportation & Exchange Protocols
a. Exchange Location. Exchanges shall occur at [LOCATION] unless modified by mutual written agreement.
b. Responsibility. Parent A shall be responsible for transportation at the commencement of his/her parenting time; Parent B shall be responsible at the commencement of his/her parenting time.
c. Safety. All occupants shall use age-appropriate child-restraint systems and seatbelts in compliance with Fla. Stat. § 316.613.
3.4 Decision-Making Framework
a. Day-to-Day Decisions. The parent in actual possession of the Child may make routine daily decisions.
b. Access to Records. Both parents shall have equal rights to the Child’s medical, dental, educational, and law-enforcement records pursuant to Fla. Stat. § 61.13(2)(c)(3).
3.5 Child Support & Expense Allocation
[// GUIDANCE: Child support must align with Florida Child Support Guidelines (Fla. Stat. § 61.30) and is subject to court approval.]
a. Guideline Support. Parent [ X ] shall pay to Parent [ Y ] guideline child support in the amount of $[____] per month, commencing on the [DATE] and due on the [DAY] of each month.
b. Health Insurance. Parent [ ___ ] shall maintain health-care coverage for the Child. Uncovered expenses shall be allocated [percentage split] and reimbursed within [30] days of documented request.
c. Extraordinary Expenses. Tuition, tutoring, orthodontics, and extracurricular expenses exceeding $[THRESHOLD] annually shall be shared [percentage split], subject to prior written consent for non-emergency expenditures.
3.6 Relocation
a. Statutory Compliance. Neither parent shall relocate the Child more than 50 miles from the current principal residence for more than 60 consecutive days without (i) a written agreement of the Parties satisfying Fla. Stat. § 61.13001(2), or (ii) an order of the Family Court.
b. Notice. A parent seeking Relocation shall deliver a Notice of Intent to Relocate substantially in the form attached as Exhibit C at least 60 days prior to the proposed move.
c. Objection & Procedure. The non-relocating parent may object in writing within 20 days of receipt. Failing agreement, the relocating parent must file a petition in Family Court, and the burden of proof shall be allocated pursuant to Fla. Stat. § 61.13001(7).
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party represents that he or she is legally competent, has full authority to enter into this Agreement, and has disclosed all material facts affecting the Child’s welfare.
4.2 No Adverse Conditions. Neither Party is aware of any condition (substance abuse, domestic violence, criminal activity, or otherwise) that would render him or her unfit or pose a risk to the Child, except as specifically disclosed in Exhibit D [IF APPLICABLE].
4.3 Accuracy of Financial Information. Each Party warrants that any financial disclosures used to calculate child support are complete and accurate.
4.4 Survival. The representations and warranties herein shall survive the Effective Date and remain in effect until the Child reaches the age of majority or this Agreement is superseded by court order.
5. COVENANTS & RESTRICTIONS
5.1 Non-Disparagement. Neither parent shall disparage the other in the presence or hearing of the Child, including via social media.
5.2 Substance Use. The use of alcohol or controlled substances within [X] hours prior to or during parenting time is expressly prohibited.
5.3 Firearms. Firearms shall be stored unloaded, secured by a locking device, and inaccessible to the Child.
5.4 Health & Education. The Parties covenant to keep the Child current on all recommended immunizations, dental check-ups, and to ensure timely attendance at school unless medically excused.
5.5 Notification. Each Party shall notify the other of any Emergency involving the Child within [1] hour and of any non-emergency medical treatment within [24] hours.
6. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure to Comply. A material failure to comply with any term of this Agreement.
b. Interference with Time-Sharing. Unreasonable or willful interference with the other parent’s access to the Child.
c. Endangerment. Conduct endangering the Child’s physical or emotional welfare.
6.2 Cure Period. Except in Emergencies, the defaulting Party shall have [10] calendar days after written notice to cure the default.
6.3 Remedies.
a. Court Enforcement. The non-defaulting parent may seek enforcement, contempt, make-up time-sharing, attorney’s fees, and any other relief available under Fla. Stat. ch. 61.
b. Injunctive Relief. Nothing herein limits either parent’s right to seek immediate injunctive relief for the Child’s protection.
c. Make-Up Time. Missed time-sharing shall be rescheduled within [30] days or as ordered by the court.
7. RISK ALLOCATION
7.1 Indemnification—Child Welfare Priority. Each parent shall indemnify, defend, and hold harmless the other for any losses, liabilities, or expenses arising out of his or her own negligent or willful acts or omissions affecting the Child; provided, however, that no indemnification shall limit the court’s authority to modify custody or time-sharing in the Child’s best interests.
7.2 Force Majeure. Acts of God, natural disasters, epidemics, or governmental restrictions (“Force Majeure Events”) that render compliance temporarily impossible shall not constitute default, but the Parties shall resume the agreed schedule as soon as practicable and make reasonable accommodations for lost parenting time.
[// GUIDANCE: Because liability caps are “not applicable” per metadata, no cap is included.]
8. DISPUTE RESOLUTION
8.1 Mediation. Prior to filing any motion (other than an emergency or enforcement action), the Parties shall participate in mediation with a Florida Supreme Court certified family mediator.
8.2 Limited Arbitration. Financial reimbursement disputes not affecting parental responsibility or time-sharing may, by mutual written consent, be submitted to binding arbitration pursuant to Fla. Stat. § 44.104, subject to subsequent court review for compliance with the Child’s best interests.
8.3 Forum Selection. The Family Court shall retain exclusive jurisdiction over all matters relating to this Agreement.
8.4 Waiver of Jury Trial. Family law matters in Florida are non-jury; accordingly, any ancillary issue that might otherwise be triable by jury is irrevocably waived.
8.5 Attorneys’ Fees. The court may award prevailing-party attorneys’ fees consistent with Fla. Stat. § 61.16.
9. GENERAL PROVISIONS
9.1 Amendment. This Agreement may be amended only by a written instrument executed by both Parties and approved by the Family Court.
9.2 Waiver. No waiver of any provision shall be deemed a waiver of any other provision, nor a continuing waiver, unless expressly stated in writing.
9.3 Assignment. Parental rights and responsibilities are personal and non-assignable.
9.4 Severability. Any provision held invalid shall be severed, and the remainder shall continue in full force, provided the essential terms remain enforceable.
9.5 Integration. This Agreement, including all Exhibits, constitutes the entire understanding of the Parties and supersedes all prior agreements regarding the Child.
9.6 Construction. The Parties acknowledge joint drafting; therefore, no presumption against the drafter shall apply.
9.7 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, including via electronic signature, each of which shall constitute an original and all of which together shall constitute one instrument.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties hereto have executed this Parenting Plan & Child Custody Agreement as of the Effective Date.
| Parent A | Parent B |
|---|---|
| _______ | _______ |
| [PARENT A NAME] | [PARENT B NAME] |
| Date: _______ | Date: _______ |
NOTARY PUBLIC
State of Florida, County of __
The foregoing instrument was acknowledged before me this _ day of _, 20, by [PARENT A NAME] and [PARENT B NAME], who are personally known to me or who have produced ________ as identification.
Notary Public, State of Florida
My Commission Expires: __
11. EXHIBITS & APPENDICES
• Exhibit A—Routine Weekly Time-Sharing Schedule
• Exhibit B—Holiday & Vacation Schedule
• Exhibit C—Statutory Relocation Notice Template
• Exhibit D—Disclosure Schedule (if any)
[// GUIDANCE: Attach sample calendars for Exhibits A & B; for Exhibit C, mirror the statutory form in Fla. Stat. § 61.13001(3).]
Prepared for professional legal review. Customize bracketed terms, verify current statutory references, and file with the appropriate Florida Family Court to ensure enforceability.