Shared Parental Responsibility and Time-Sharing Agreement

SHARED PARENTAL RESPONSIBILITY AND TIME-SHARING AGREEMENT

State of Florida

FLORIDA TERMINOLOGY: Since the 2008 legislative reform, Florida law does not use "joint custody," "sole custody," or "visitation." The correct Florida terms are:

• Shared Parental Responsibility = Both parents share decision-making authority (Fla. Stat. § 61.046(17))
• Time-Sharing = The schedule of time each parent spends with the child (Fla. Stat. § 61.046(23))
• Parenting Plan = The required document governing the parent-child relationship (Fla. Stat. § 61.046(14))

REBUTTABLE PRESUMPTION: Under Fla. Stat. § 61.13(2)(c)1, Florida law presumes that equal time-sharing is in the best interests of the child. This Agreement reflects that presumption.

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT,

IN AND FOR [________________________________] COUNTY, FLORIDA

FAMILY DIVISION

Case No.: [________________________________]

Division: [____]

SHARED PARENTAL RESPONSIBILITY AND TIME-SHARING AGREEMENT

This Agreement is entered into by and between [________________________________] ("Father") and [________________________________] ("Mother"), collectively "the Parents," regarding shared parental responsibility and time-sharing for the minor child(ren) identified below, to be filed with and incorporated into an Order of the Circuit Court.

SECTION 1: CHILD(REN) AND CASE INFORMATION

1.1 Minor Child(ren)

1.2 Case Context

This Agreement is being entered in connection with:

☐ Dissolution of marriage (Fla. Stat. Ch. 61)

☐ Paternity action (Fla. Stat. Ch. 742)

☐ Modification of prior order dated [__/__/____]

☐ Other: [________________________________]

1.3 Parent Education Course (Fla. Stat. § 61.21)

Both parents acknowledge the mandatory requirement to complete the Parent Education and Family Stabilization Course (minimum 4 hours) prior to entry of any final judgment.

• Father: ☐ Completed on [__/__/____] ☐ To be completed by [__/__/____]
• Mother: ☐ Completed on [__/__/____] ☐ To be completed by [__/__/____]

Course provider(s): [________________________________]

Reminder: The Court will not enter a final judgment or approve this Agreement until both parents have filed Certificates of Completion. Parents must complete the course within 45 days of filing or being served.

1.4 Guiding Principles

The Parents agree that:

A. The child(ren)'s best interests, as evaluated under the twenty (20) factors of Fla. Stat. § 61.13(3), are the paramount consideration in all decisions.

B. Frequent and continuing contact with both Parents benefits the child(ren).

C. Both Parents are fit and proper persons to exercise shared parental responsibility.

D. Shared parental responsibility and substantially equal time-sharing serve the child(ren)'s best interests consistent with the rebuttable presumption of Fla. Stat. § 61.13(2)(c)1.

E. The Parents are committed to shielding the child(ren) from parental conflict and supporting the child(ren)'s relationship with both Parents.

SECTION 2: SHARED PARENTAL RESPONSIBILITY

2.1 Grant of Shared Parental Responsibility

The Parents shall have Shared Parental Responsibility as defined by Fla. Stat. § 61.046(17). Both Parents retain full parental rights and responsibilities with respect to the child(ren), and both Parents shall confer with each other so that major decisions affecting the welfare of the child(ren) will be determined jointly.

2.2 Major Decisions Requiring Joint Consultation and Agreement

The following decisions require both Parents to consult in good faith and reach agreement before action is taken:

A. Education

• School enrollment, transfer, or withdrawal
• School choice (public, private, charter, magnet, homeschool)
• Special education evaluations, IEP/504 plans, or accommodations
• Tutoring or educational support services
• College planning, applications, and enrollment
• School address for boundary determination and registration (required by Fla. Stat. § 61.13(2)(b)): [________________________________]

B. Health Care

• Selection of primary care physician, dentist, and specialists
• Non-emergency medical, dental, and vision treatment
• Surgical procedures and hospitalizations (non-emergency)
• Prescription medications (ongoing)
• Vaccinations (non-routine)
• Mental Health Treatment: Under Fla. Stat. § 61.13(2)(b)3, when shared parental responsibility over health care is ordered, either parent may consent to mental health treatment for the child(ren).

C. Religious Upbringing

• Religious education and instruction
• Religious ceremonies (baptism, confirmation, bar/bat mitzvah, etc.)

D. Extracurricular Activities

• Enrollment in sports, clubs, lessons, or camps requiring financial commitment
• Activities that substantially affect the time-sharing schedule

E. Travel

• Out-of-state travel exceeding [____] consecutive days
• International travel (both parents must consent; both signatures required for passport issuance/renewal)

2.3 Decision-Making Protocol

1. The parent proposing a decision shall provide the other parent with written notice (email, text, or co-parenting app) including all relevant information.
2. The other parent shall respond within [____] business days.
3. If the parents cannot agree after good-faith discussion, either parent may request mediation (see Section 8).
4. Emergency Decisions: The parent exercising time-sharing may make emergency health or safety decisions. The other parent shall be notified within 24 hours.

2.4 Routine Decisions

Each parent shall make routine daily decisions during their time-sharing period, including meals, bedtime, homework supervision, daily activities, and age-appropriate discipline.

SECTION 3: TIME-SHARING SCHEDULE

3.1 Equal Time-Sharing Arrangement

Consistent with the rebuttable presumption of Fla. Stat. § 61.13(2)(c)1, the Parents agree to substantially equal time-sharing as follows:

☐ Week On / Week Off

The child(ren) shall alternate weekly between parents. Exchange day: [________________________________] (day of week). Exchange time: [________________________________].

• Week 1: Child(ren) with Father
• Week 2: Child(ren) with Mother
• Repeating pattern

☐ 2-2-3 Rotation

• Monday and Tuesday: Father (every week)
• Wednesday and Thursday: Mother (every week)
• Friday, Saturday, Sunday: Alternating — Father on Week 1, Mother on Week 2

☐ 5-2-2-5 Rotation

• Monday and Tuesday: Father (every week)
• Wednesday and Thursday: Mother (every week)
• Friday through Monday morning: Alternating — Father on Week 1, Mother on Week 2

☐ 3-4-4-3 Rotation

• Week 1: Father has Monday through Wednesday; Mother has Thursday through Sunday
• Week 2: Mother has Monday through Thursday; Father has Friday through Sunday

☐ Custom Equal Schedule

Father's time-sharing: [________________________________]

Mother's time-sharing: [________________________________]

Approximate Overnights Per Year:

• Father: [____] overnights (target approximately 182-183)
• Mother: [____] overnights (target approximately 182-183)

3.2 Holiday and School Break Schedule

Holidays supersede the regular time-sharing schedule.

Cultural/Religious Holidays: [________________________________]

3.3 Summer Schedule

☐ Regular time-sharing schedule continues through the summer.

☐ Modified summer schedule:

• Each parent shall have [____] weeks of uninterrupted summer time-sharing.
• Father's summer block: Notice required by [________________________________] (date) each year.
• Mother's summer block: Notice required by [________________________________] (date) each year.
• Summer blocks shall not overlap.
• During the other parent's summer block, the non-custodial parent shall have: ☐ Regular weekend time-sharing ☐ Midweek time-sharing ☐ No scheduled time-sharing ☐ Other: [________________________________]

3.4 Teacher Planning Days / Non-School Days

☐ Regular schedule applies.

☐ The parent not otherwise scheduled shall have time-sharing on teacher planning days and non-school days as follows: [________________________________]

SECTION 4: EXCHANGES AND TRANSPORTATION

4.1 Exchange Locations

☐ School (drop-off/pick-up during school year)

☐ Father's residence: [________________________________]

☐ Mother's residence: [________________________________]

☐ Neutral location: [________________________________]

☐ Other: [________________________________]

4.2 Transportation

☐ Each parent is responsible for transporting the child(ren) to the exchange location at the beginning of their time-sharing (receiving parent picks up).

☐ Each parent is responsible for transporting the child(ren) to the exchange location at the end of their time-sharing (delivering parent drops off).

☐ Parents shall meet at a designated midpoint.

☐ Other: [________________________________]

4.3 Exchange Protocols

• Both parents shall be punctual. If a parent will be more than [____] minutes late, that parent shall notify the other parent.
• Exchanges shall be conducted in a respectful, conflict-free manner.
• Neither parent shall discuss adult legal or financial matters during exchanges.
• The child(ren)'s belongings, medications, school materials, and comfort items shall travel with the child(ren).

SECTION 5: COMMUNICATION

5.1 Parent-Child Communication

Each parent shall facilitate reasonable telephone and/or video communication between the child(ren) and the other parent during their time-sharing.

• Method: ☐ Phone ☐ Video (FaceTime/Zoom) ☐ Text (age-appropriate) ☐ Other: [________________________________]
• Frequency: ☐ Daily at approximately [________________________________] ☐ Every other day ☐ As mutually agreed
• Duration: Reasonable, generally not to exceed [____] minutes unless the child(ren) wish to continue

Neither parent shall monitor, record, or interfere with private communications between the child(ren) and the other parent, except as age-appropriate for young children's safety.

5.2 Parent-to-Parent Communication

• Primary method: ☐ Co-parenting app ([________________________________]) ☐ Email ☐ Text ☐ Other: [________________________________]
• Response time for non-emergencies: Within [____] hours
• Response time for emergencies: Immediately or as soon as practicable
• All communications shall be respectful, business-like, and focused on the child(ren).

5.3 Information Sharing

Both parents shall have full and equal access to the child(ren)'s:

• School records, report cards, progress reports, and teacher communications
• Medical, dental, mental health, and vision records
• Extracurricular activity information and schedules
• Other records pertaining to the child(ren)

Both parents shall be listed as emergency contacts and authorized to receive information from all providers.

SECTION 6: RELOCATION PROVISIONS

6.1 Compliance with Fla. Stat. § 61.13001

The Parents acknowledge and agree to comply with Florida's relocation statute. Key requirements include:

• Definition: Relocation means a move of 50 or more miles (measured in a straight line) from the principal residence at the time of the last order, lasting 60 or more consecutive days.
• Written Agreement or Court Order Required: A parent may not relocate with the child(ren) without either written agreement from the other parent or a court order.
• Petition Requirements: The relocating parent must file a petition including the new address, relocation date, specific reasons, and a proposed revised time-sharing schedule.
• Notice and Objection: The non-relocating parent has 20 days to file a verified written objection. Failure to timely object constitutes consent.
• Burden of Proof: The relocating parent bears the initial burden of proving by a preponderance of the evidence that the relocation is in the child(ren)'s best interests.

6.2 Additional Geographic Provisions

☐ No additional geographic restrictions.

☐ Both parents agree to maintain residences within [____] miles of [________________________________] to preserve the viability of the time-sharing schedule.

☐ Other: [________________________________]

SECTION 7: FINANCIAL PROVISIONS

7.1 Health Insurance

☐ Father ☐ Mother shall maintain health, dental, and vision insurance for the child(ren).

Insurance carrier and policy number: [________________________________]

7.2 Unreimbursed Medical/Dental/Vision Expenses

Unreimbursed medical, dental, and vision expenses shall be shared:

☐ Equally (50/50)

☐ Proportionally to income: Father [____]% / Mother [____]%

The parent incurring the expense shall provide documentation within [____] days. The other parent shall reimburse their share within [____] days of receiving documentation.

7.3 Extracurricular Activity Expenses

Expenses for mutually agreed extracurricular activities shall be shared:

☐ Equally (50/50)

☐ Proportionally to income: Father [____]% / Mother [____]%

☐ Paid by the enrolling parent

7.4 Child Care / Day Care Expenses

Child care expenses necessary to support the parents' employment shall be shared:

☐ Equally (50/50)

☐ Proportionally to income: Father [____]% / Mother [____]%

7.5 Education Expenses

Private school tuition, tutoring, and educational expenses shall be:

☐ Shared equally

☐ Shared proportionally to income

☐ Paid by [________________________________]

☐ Not applicable (child(ren) attend public school)

7.6 Child Support

☐ Child support is addressed in a separate order/agreement.

☐ No child support is ordered given substantially equal time-sharing and comparable incomes.

☐ [________________________________] shall pay child support of $[________________________________] per month pursuant to the Florida Child Support Guidelines (Fla. Stat. § 61.30).

SECTION 8: DISPUTE RESOLUTION

8.1 Tiered Dispute Resolution

The Parents agree to the following tiered approach to resolving disputes:

Step 1: Direct Communication
Parents shall first attempt to resolve disagreements through respectful, direct communication (in person, by phone, or in writing).

Step 2: Parenting Coordinator (Optional)
☐ The Parents agree to engage a Parenting Coordinator pursuant to Fla. Stat. § 61.125 to assist with time-sharing disputes and implementation of this Agreement. Parenting Coordinator: [________________________________]
☐ Not applicable.

Step 3: Mediation (Mandatory under Fla. Stat. § 44.102 and § 61.183)
If direct communication fails, the Parents shall participate in mediation with a Florida Supreme Court Certified Family Mediator before filing any motion with the Court.

• Mediation costs: ☐ Shared equally ☐ Proportional to income ☐ As ordered by Court
• Exception: Mediation is not required in cases involving domestic violence (Fla. Stat. § 44.102(2)(c)) or immediate danger to the child(ren).

Step 4: Court Intervention
If mediation fails to resolve the dispute, either parent may file an appropriate motion with the Circuit Court.

8.2 Governing Law and Venue

This Agreement is governed by Florida law (Fla. Stat. Ch. 61). Exclusive jurisdiction and venue lie in the Circuit Court of the [____] Judicial Circuit, in and for [________________________________] County, Florida, Family Division.

SECTION 9: COVENANTS AND RESTRICTIONS

9.1 Non-Disparagement

Neither parent shall make derogatory or disparaging remarks about the other parent, the other parent's family, or the other parent's household in the presence or hearing of the child(ren). Neither parent shall allow third parties to do so.

9.2 Facilitation of Relationship

Each parent shall actively support and encourage the child(ren)'s loving relationship with the other parent. Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent.

9.3 Substance Use

Neither parent shall consume alcohol to impairment or use illegal substances during time-sharing or within 12 hours preceding the commencement of time-sharing.

9.4 Firearms Safety

All firearms in either parent's household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

9.5 Significant Others

☐ Neither parent shall introduce the child(ren) to a new romantic partner until the relationship has been stable for at least [____] months.

☐ Neither parent shall permit a romantic partner to be present during overnight time-sharing until [________________________________].

☐ No restrictions beyond applicable law.

9.6 Right of First Refusal

☐ If either parent is unavailable to personally care for the child(ren) during their scheduled time-sharing for more than [____] consecutive hours, that parent shall first offer the time to the other parent before arranging third-party child care.

☐ No right of first refusal.

9.7 Consistency

Parents shall make reasonable efforts to maintain consistent rules, routines, bedtimes, homework expectations, and disciplinary standards across both households.

SECTION 10: MODIFICATION AND REVIEW

10.1 Standard for Modification

Under Fla. Stat. § 61.13(3), this Agreement may not be modified without a showing of a substantial and material change in circumstances that was not reasonably contemplated at the time of the last order, and a determination that the modification is in the best interests of the child(ren).

10.2 Process for Modification

Modification requires either:

• A written stipulation signed by both parents and approved by the Court; or
• A Supplemental Petition to Modify (Florida Family Law Form 12.905(a)) filed with the Court.

10.3 Annual Review

The parents agree to confer annually, on or about [________________________________], to review whether this Agreement continues to meet the child(ren)'s evolving needs.

SECTION 11: GENERAL PROVISIONS

11.1 Integration

This Agreement, together with the Parenting Plan filed with the Court (Florida Family Law Form 12.995(a)), constitutes the entire agreement between the Parents regarding parental responsibility and time-sharing and supersedes all prior agreements, whether written or oral.

11.2 Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

11.3 Amendments

This Agreement may be modified only by written agreement signed by both Parents and approved by the Court, or by Court order.

11.4 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures are valid.

11.5 Notices

All non-emergency written notices shall be sent to:

Father:
Address: [________________________________]
Email: [________________________________]
Phone: [________________________________]

Mother:
Address: [________________________________]
Email: [________________________________]
Phone: [________________________________]

SECTION 12: EXECUTION

I, the undersigned, certify that the information in this Agreement is true and correct, that I have entered into this Agreement voluntarily and with full understanding of its terms, and that I believe this Agreement serves the best interests of the child(ren).

FATHER/MOTHER:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

FATHER/MOTHER:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

NOTARIZATION

STATE OF FLORIDA
COUNTY OF [________________________________]

Sworn to or affirmed and signed before me on [__/__/____] by:

[________________________________] ☐ Personally known ☐ Produced identification: [________________________________]

[________________________________] ☐ Personally known ☐ Produced identification: [________________________________]

Signature of Notary Public: [________________________________]

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[Notary Seal]

ORDER OF THE COURT

The Court, having reviewed the foregoing Agreement and the Parenting Plan, and having considered the best interests of the minor child(ren) pursuant to the twenty (20) factors of Fla. Stat. § 61.13(3), finds that:

1. Shared Parental Responsibility is in the best interests of the child(ren);
2. The time-sharing schedule is consistent with the rebuttable presumption of equal time-sharing under Fla. Stat. § 61.13(2)(c)1;
3. The parties have entered into this Agreement voluntarily;
4. This Agreement complies with the mandatory parenting plan requirements of Fla. Stat. § 61.13(2)(b).

IT IS ORDERED that this Agreement is approved and incorporated into this Order with the full force and effect of a court order.

DONE AND ORDERED in [________________________________] County, Florida, this [____] day of [________________________________], 20[____].

_________________________________
Circuit Court Judge

SOURCES AND REFERENCES

• Fla. Stat. § 61.13 — Support of children; parental responsibility; time-sharing
• 2025 Florida Statutes § 61.13
• Fla. Stat. § 61.13(2)(c)1 — Rebuttable presumption of equal time-sharing
• Fla. Stat. § 61.13(3) — Twenty best interest factors
• Fla. Stat. § 61.046 — Definitions
• 2025 Florida Statutes § 61.046
• Fla. Stat. § 61.13001 — Parental relocation (50-mile rule)
• 2025 Florida Statutes § 61.13001
• Fla. Stat. § 61.21 — Parent Education and Family Stabilization Course
• Florida Statutes § 61.21
• Fla. Stat. § 61.125 — Parenting Coordinator
• Fla. Stat. § 61.30 — Child Support Guidelines
• Fla. Stat. § 44.102 — Court-ordered mediation
• Florida Supreme Court Family Law Forms — Forms 12.995(a), 12.995(b), 12.905(a)
• Florida Courts Family Law Forms