Sole Parental Responsibility and Majority Time-Sharing Agreement

SOLE PARENTAL RESPONSIBILITY AND MAJORITY TIME-SHARING AGREEMENT

State of Florida

IMPORTANT FLORIDA LAW NOTES:

1. Florida strongly favors shared parental responsibility. Under Fla. Stat. § 61.13(2)(c)2, the court may order sole parental responsibility only if it makes specific written findings that shared parental responsibility would be detrimental to the child. The requesting party bears the burden of demonstrating detriment.

2. Domestic violence presumption: Under Fla. Stat. § 61.13(2)(c)2, there is a rebuttable presumption against shared parental responsibility where a parent has been convicted of, or had an injunction entered against them for, domestic violence (Fla. Stat. § 741.28) or a sexual offense.

3. Equal time-sharing presumption: Under Fla. Stat. § 61.13(2)(c)1, there is a rebuttable presumption that equal time-sharing is in the best interests of the child. This presumption must be rebutted to justify majority time-sharing to one parent.

4. Terminology: Florida does not use "sole custody" or "visitation." The correct terms are sole parental responsibility and time-sharing.

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

IN AND FOR [________________________________] COUNTY, FLORIDA

FAMILY DIVISION

Case No.: [________________________________]

Division: [____]

SOLE PARENTAL RESPONSIBILITY AND MAJORITY TIME-SHARING AGREEMENT

This Agreement is entered into by and between [________________________________] ("Primary Parent") and [________________________________] ("Other Parent"), collectively "the Parents," regarding sole parental responsibility and time-sharing for the minor child(ren) identified below.

SECTION 1: CHILD(REN) AND BACKGROUND

1.1 Minor Child(ren)

1.2 Case Context

This Agreement is 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 must complete the Parent Education and Family Stabilization Course (minimum 4 hours) before the Court will enter a final judgment.

• Primary Parent: ☐ Completed on [__/__/____] ☐ To be completed by [__/__/____]
• Other Parent: ☐ Completed on [__/__/____] ☐ To be completed by [__/__/____]

SECTION 2: BASIS FOR SOLE PARENTAL RESPONSIBILITY

2.1 Legal Standard

Under Florida law, the Court must make specific written findings that shared parental responsibility would be detrimental to the child(ren) before awarding sole parental responsibility. (Fla. Stat. § 61.13(2)(c)2)

2.2 Grounds for Sole Parental Responsibility

The parties stipulate, or the Court has found, that sole parental responsibility to the Primary Parent is warranted because:

☐ Domestic Violence: The Other Parent has been convicted of, or had an injunction entered for, domestic violence under Fla. Stat. § 741.28, creating a rebuttable presumption against shared parental responsibility under Fla. Stat. § 61.13(2)(c)2.

• Case/injunction number: [________________________________]
• Date: [__/__/____]
• Court: [________________________________]

☐ Sexual Violence or Sex Offense: The Other Parent has been found to have committed sexual violence under Fla. Stat. § 794.011 or an offense listed in Fla. Stat. § 61.13(2)(c)2.

☐ Substance Abuse: The Other Parent has a history of substance abuse that significantly impairs parenting ability.

• Details: [________________________________]
• Treatment status: ☐ Currently in treatment ☐ Completed treatment on [__/__/____] ☐ Refuses treatment ☐ Other: [________________________________]

☐ Mental Health Issues: The Other Parent has mental health conditions that significantly impair the ability to care for the child(ren) safely.

• Details: [________________________________]

☐ History of Neglect or Abandonment: The Other Parent has a documented history of child neglect or abandonment.

• DCF involvement: ☐ Yes (case number: [________________________________]) ☐ No
• Details: [________________________________]

☐ Inability to Cooperate: The parties have demonstrated an inability to cooperate and communicate regarding the child(ren)'s welfare to such a degree that shared parental responsibility would be detrimental.

• Details: [________________________________]

☐ Incarceration or Prolonged Absence: The Other Parent is incarcerated or otherwise unable to participate in parental decision-making.

• Details: [________________________________]

☐ Other Grounds: [________________________________]

2.3 Best Interest Factors (Fla. Stat. § 61.13(3))

The parties stipulate, or the Court has found, that sole parental responsibility serves the child(ren)'s best interests after evaluation of the twenty (20) statutory factors, with particular attention to the following factors:

(c) Each parent's capacity to determine, consider, and act on the needs of the child(ren) as opposed to the needs or desires of the parent;

(g) The mental and physical health of the parents;

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect;

(q) Each parent's capacity and disposition to maintain an environment free from substance abuse;

(s) The developmental stages and needs of the child(ren) and each parent's capacity to meet those needs;

Additional relevant factors: [________________________________]

2.4 Rebuttal of Equal Time-Sharing Presumption

The parties stipulate, or the Court has found, that the rebuttable presumption of equal time-sharing under Fla. Stat. § 61.13(2)(c)1 has been overcome by a preponderance of the evidence because: [________________________________]

SECTION 3: SOLE PARENTAL RESPONSIBILITY

3.1 Grant of Sole Parental Responsibility

[________________________________] ("Primary Parent") shall have sole parental responsibility as defined by Fla. Stat. § 61.046(18). The Primary Parent has exclusive decision-making authority regarding the child(ren)'s:

• Education (school enrollment, school choice, special education, tutoring, homeschooling)
• Health care (medical, dental, vision — provider selection, treatment decisions, medications, surgical procedures)
• Mental health services (counseling, therapy, psychiatric treatment, medication management)
• Religious upbringing and education
• Extracurricular activities (sports, clubs, camps, lessons)
• Travel (domestic and international)
• Legal matters affecting the child(ren)
• Day care and child care arrangements

3.2 Consultation (Discretionary)

The Primary Parent ☐ shall ☐ is encouraged to, but is not required to, consult with the Other Parent before making major decisions, provided that the Primary Parent retains final and exclusive decision-making authority.

3.3 Information Access

Notwithstanding sole parental responsibility, the Other Parent shall retain the right to access records and information pertaining to the child(ren) unless restricted by court order, including:

• School records, report cards, and progress reports
• Medical, dental, and mental health records
• Extracurricular activity information

(Fla. Stat. § 61.13(2)(b)3)

3.4 School Address for Boundary Determination

The address to be used for school boundary determination and registration shall be: [________________________________] (the Primary Parent's residence). (Required under Fla. Stat. § 61.13(2)(b))

SECTION 4: TIME-SHARING SCHEDULE

4.1 Primary Residence

The child(ren) shall primarily reside with the Primary Parent at: [________________________________]

4.2 Other Parent's Time-Sharing

☐ OPTION A: Standard Time-Sharing

• Alternating Weekends: Every other weekend from Friday at [____] to Sunday at [____]

• Midweek: One evening per week ([________________________________] day) from [____] to [____]
  ☐ With overnight ☐ Without overnight

• Approximate Overnights Per Year: Other Parent: [____] overnights

☐ OPTION B: Expanded Time-Sharing

• Alternating Weekends: Every other weekend from Friday at [____] to Monday morning (school drop-off)

• Midweek: Two evenings per week from after school to [____]
  ☐ With one overnight ☐ Without overnight

• Approximate Overnights Per Year: Other Parent: [____] overnights

☐ OPTION C: Supervised Time-Sharing

Supervision is required because:
☐ Domestic violence history (Fla. Stat. § 61.13(2)(c)2)
☐ Substance abuse concerns
☐ History of child abuse or neglect
☐ Mental health concerns
☐ Lack of established relationship with child(ren)
☐ Court order (specify: [________________________________])
☐ Other: [________________________________]

Supervised time-sharing schedule:

• Frequency: [________________________________] (e.g., every other Saturday)
• Duration: [____] hours per visit

• Supervisor: ☐ Professional supervised visitation center: [________________________________]
  ☐ Approved third-party supervisor: [________________________________]
  (Relationship to child: [________________________________])

• Location: [________________________________]

• Supervisor's fees shall be paid by: ☐ Other Parent ☐ Shared equally ☐ Other: [________________________________]

Conditions for transition to unsupervised time-sharing:
☐ Completion of batterer's intervention program certified under Fla. Stat. § 741.32
☐ Completion of substance abuse evaluation and recommended treatment
☐ Negative drug/alcohol screens for [____] consecutive months
☐ Completion of parenting course (in addition to mandatory Fla. Stat. § 61.21 course)
☐ Mental health evaluation and compliance with treatment recommendations
☐ [____] months of consistent, appropriate supervised time-sharing
☐ Court approval after review hearing
☐ Other: [________________________________]

Step-up schedule (if applicable):

• Phase 1 (Months 1-[____]): Supervised time-sharing as described above
• Phase 2 (Months [____]-[____]): Unsupervised daytime time-sharing: [________________________________]
• Phase 3 (Months [____]+): Unsupervised time-sharing with overnights: [________________________________]
• Progression to each phase requires: ☐ Mutual agreement of both parents ☐ Court approval ☐ Either

☐ OPTION D: No Time-Sharing

The Other Parent shall have no time-sharing with the child(ren) because:

☐ The Other Parent's whereabouts are unknown
☐ The Other Parent is incarcerated at [________________________________] with expected release date [__/__/____]
☐ The Court has found that any time-sharing would endanger the child(ren)
☐ Other: [________________________________]

Virtual contact (if applicable): ☐ Phone/video calls at [________________________________] (frequency and times) ☐ Written correspondence ☐ No contact

☐ OPTION E: Custom Schedule

[________________________________]

4.3 Holiday Schedule

Holiday time-sharing supersedes the regular schedule. ☐ Holiday time-sharing applies to supervised time-sharing ☐ Holiday time-sharing does not apply to supervised time-sharing.

4.4 Summer Time-Sharing

☐ Regular schedule continues through summer.

☐ Other Parent shall have [____] weeks of extended summer time-sharing with [____] days' advance written notice.

☐ Summer time-sharing is supervised per Section 4.2 Option C provisions.

☐ No summer time-sharing for Other Parent.

SECTION 5: EXCHANGES AND TRANSPORTATION

5.1 Exchange Location

☐ Child(ren)'s school

☐ Primary Parent's residence

☐ Neutral public location: [________________________________]

☐ Supervised visitation center (if supervised time-sharing)

☐ Other: [________________________________]

5.2 Transportation Responsibility

☐ The Other Parent shall be responsible for all transportation (pick-up and drop-off).

☐ The receiving parent shall pick up the child(ren).

☐ Other: [________________________________]

5.3 Exchange Conduct

• Exchanges shall be brief and conflict-free.
• Neither parent shall discuss legal, financial, or contentious matters during exchanges.
• If a parent will be more than [____] minutes late, that parent shall notify the other parent.
• The child(ren)'s belongings, medications, and school materials shall travel with the child(ren).

SECTION 6: COMMUNICATION

6.1 Parent-Child Communication

The Primary Parent shall facilitate reasonable communication between the child(ren) and the Other Parent:

• Method: ☐ Phone ☐ Video call ☐ Text (age-appropriate) ☐ Other: [________________________________]
• Frequency: ☐ Daily at [________________________________] ☐ [____] times per week at [________________________________] ☐ As mutually agreed
• Duration: Generally [____] minutes

☐ Communication shall be supervised/monitored because: [________________________________]

6.2 Emergency Notification

The Primary Parent shall notify the Other Parent within [____] hours of any emergency, serious illness, injury, or hospitalization involving the child(ren).

6.3 Parent-to-Parent Communication

• Method: ☐ Co-parenting app ☐ Email ☐ Text ☐ Other: [________________________________]
• All communication shall be respectful and child-focused.

6.4 Information Sharing

The Primary Parent shall provide the Other Parent with:

• Report cards and school progress reports within [____] days of receipt
• Notice of school events, conferences, and extracurricular activities
• Notification of changes in medical providers or treatment
• Updated contact information (address, phone, email)

SECTION 7: RELOCATION

7.1 Primary Parent Relocation

The Primary Parent acknowledges that relocation of 50 or more miles from the current principal residence requires compliance with Fla. Stat. § 61.13001, including:

• Filing a Petition to Relocate
• Serving notice on the Other Parent (including new address, reasons, proposed revised time-sharing)
• Providing the Other Parent 20 days to file an objection

☐ The Primary Parent may relocate within the State of Florida without restriction beyond Fla. Stat. § 61.13001 compliance.

☐ Additional geographic restriction: [________________________________]

7.2 Other Parent Relocation

If the Other Parent relocates:

☐ The Other Parent shall provide [____] days' written notice of any change of address.

☐ Compliance with Fla. Stat. § 61.13001 is required if the move is 50+ miles.

☐ The time-sharing schedule shall be adjusted as follows: [________________________________]

SECTION 8: FINANCIAL PROVISIONS

8.1 Health Insurance

☐ Primary Parent ☐ Other Parent shall maintain health, dental, and vision insurance for the child(ren).

8.2 Unreimbursed Medical Expenses

Shared: ☐ Equally ☐ Primary Parent [____]% / Other Parent [____]%

8.3 Child Support

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

☐ Child support is addressed in a separate order.

8.4 Extracurricular Activity Expenses

☐ Paid by the Primary Parent (who has sole decision-making authority)

☐ Shared: [________________________________]

SECTION 9: COVENANTS AND RESTRICTIONS

9.1 Non-Disparagement

Neither parent shall make derogatory remarks about the other parent in the child(ren)'s presence. Neither parent shall allow third parties to do so.

9.2 Non-Interference

The Other Parent shall not interfere with the Primary Parent's decision-making authority or the child(ren)'s primary residence.

9.3 Substance Use

Neither parent shall consume alcohol to impairment or use illegal substances during time-sharing or within 12 hours prior. The Other Parent shall submit to drug/alcohol testing upon reasonable request if substance abuse was a basis for sole parental responsibility.

9.4 Firearms Safety

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

9.5 Return of Child(ren)

The Other Parent shall return the child(ren) to the Primary Parent at the scheduled time and location. Failure to return the child(ren) constitutes a material breach and may result in contempt proceedings.

9.6 No Parental Alienation

Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent.

9.7 Compliance with Supervision Requirements (If Applicable)

The Other Parent shall comply with all supervision requirements, including:

• Arriving on time for supervised visits
• Following the supervisor's directives
• Paying supervision fees as required
• Not attempting to remove the child(ren) from the supervision setting

SECTION 10: MODIFICATION

10.1 Standard for Modification

This Agreement may be modified upon a showing of a substantial and material change in circumstances not reasonably contemplated at the time of the last order, and a determination that the modification is in the child(ren)'s best interests. (Fla. Stat. § 61.13(3))

10.2 Transition to Shared Parental Responsibility

The Other Parent may petition the Court to modify sole parental responsibility to shared parental responsibility upon demonstrating:

☐ Completion of all required treatment programs and conditions

☐ A sustained period of stability ([____] months minimum)

☐ The circumstances that warranted sole parental responsibility have been resolved

☐ Shared parental responsibility would serve the child(ren)'s best interests

10.3 Step-Up Review Schedule (If Applicable)

☐ The parties agree to a review hearing on [__/__/____] to assess whether modifications to the time-sharing schedule are appropriate.

☐ Not applicable.

SECTION 11: DISPUTE RESOLUTION

11.1 Good-Faith Communication

Parents shall first attempt to resolve disputes through direct, respectful communication.

11.2 Mediation

Before filing any motion, the parties shall participate in mediation with a Florida Supreme Court Certified Family Mediator. (Fla. Stat. § 44.102; § 61.183)

Exception: Mediation is not required where there is a history of domestic violence that would compromise the mediation process.

11.3 Governing Law and Venue

This Agreement is governed by Florida law. Exclusive jurisdiction and venue lie in the Circuit Court of the [____] Judicial Circuit, in and for [________________________________] County, Florida.

SECTION 12: EXECUTION

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

PRIMARY PARENT:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

OTHER PARENT:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

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 accompanying Parenting Plan, and having considered the twenty (20) best interest factors of Fla. Stat. § 61.13(3), FINDS:

1. Shared parental responsibility would be detrimental to the child(ren) because: [________________________________];
2. Sole parental responsibility to [________________________________] is in the child(ren)'s best interests;
3. The time-sharing schedule is appropriate given the specific circumstances of this case;
4. The rebuttable presumption of equal time-sharing under Fla. Stat. § 61.13(2)(c)1 has been overcome by ☐ a preponderance of the evidence ☐ the domestic violence presumption of Fla. Stat. § 61.13(2)(c)2;
5. Both parties have completed the Parent Education and Family Stabilization Course required by Fla. Stat. § 61.21.

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)2 — Detriment standard; domestic violence presumption against shared parental responsibility
• Fla. Stat. § 61.13(3) — Twenty best interest factors
• Fla. Stat. § 61.046 — Definitions (sole parental responsibility, shared parental responsibility, time-sharing)
• 2025 Florida Statutes § 61.046
• Fla. Stat. § 61.13001 — Parental relocation with a child
• 2025 Florida Statutes § 61.13001
• Fla. Stat. § 61.21 — Parent Education and Family Stabilization Course
• Fla. Stat. § 741.28 — Domestic violence definitions
• Fla. Stat. § 741.32 — Batterer's intervention programs
• 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