Factors Florida Courts Consider When Developing a Parenting Plan Under Florida Statute § 61.13(3)

Introduction

When parents separate or divorce in Florida, they must create a parenting plan that details how they will share responsibilities for their child’s upbringing. If parents cannot agree on a plan, the court will establish one based on the child’s best interests. Florida law provides specific criteria under Florida Statute § 61.13(3) that courts must consider when determining time-sharing, parental responsibility, and decision-making authority.

This guide explains the key factors Florida courts evaluate when developing a parenting plan and what parents can do to strengthen their case for custody and time-sharing.

Florida’s Best Interest Standard: The Factors in Florida Statute § 61.13(3)

Florida law requires courts to consider the following factors under Florida Statute 61.13(3) when determining a parenting plan:

1. Each Parent’s Ability to Facilitate a Close Parent-Child Relationship

• Courts favor parents who encourage a meaningful relationship between the child and the other parent.
• A history of cooperating in time-sharing arrangements and avoiding parental alienation is beneficial.

2. The Division of Parental Responsibilities

• Judges consider whether parents can effectively share parental duties or whether one parent should have sole decision-making authority.
• A willingness to follow court orders and agreements strengthens a parent’s case.

3. Each Parent’s Ability to Act in the Child’s Best Interests

• Parents must demonstrate that they prioritize the child’s needs over their personal conflicts.
• The court looks for evidence of mature, responsible behavior and a stable home environment.

4. The Amount of Time Each Parent Has Spent Caring for the Child

• A parent who has historically provided primary care for the child, such as handling school, medical, and extracurricular activities, may have an advantage.

5. The Ability to Provide a Stable and Consistent Routine

• Courts assess each parent’s ability to maintain a consistent schedule for school, bedtime, meals, and other daily activities.

6. Geographic Viability of the Parenting Plan

• If parents live far apart, the court will consider how the distance impacts school attendance, activities, and time-sharing.

7. The Moral Fitness of the Parents

• The court evaluates each parent’s behavior and lifestyle, including issues like criminal history, substance abuse, or dishonesty that could affect the child’s upbringing.

8. Each Parent’s Mental and Physical Health

• The court assesses whether either parent’s physical or mental health conditions affect their ability to care for the child.

9. The Child’s Preference (If of Sufficient Maturity)

• If the child is mature enough to express a preference, the court may consider their wishes regarding time-sharing.

10. Each Parent’s Ability to Maintain a Stable Home Environment

• Judges look at each parent’s housing stability, financial resources, and ability to provide a safe home.

11. The Developmental Needs of the Child

• Courts assess each parent’s ability to meet the child’s emotional, academic, medical, and social needs.

12. Each Parent’s Willingness to be Involved in the Child’s Life

• A parent’s history of attending school events, medical appointments, and extracurricular activities is considered.

13. The Ability to Provide a Safe and Non-Abusive Environment

• If there is a history of domestic violence, neglect, or abuse, the court may limit or deny time-sharing for the offending parent.

14. Evidence of Domestic Violence, Child Abuse, or Neglect

• Any history of violence, abuse, or protective orders is taken seriously and may impact custody decisions.

15. Each Parent’s Ability to Communicate and Co-Parent

• Courts favor parents who can work together, communicate respectfully, and resolve conflicts without hostility.

16. Substance Abuse or Other Harmful Behavior

• If one parent has a history of alcohol or drug abuse, the court may require supervised visitation or drug testingbefore granting time-sharing.

17. Any Other Relevant Factor

• The court has discretion to consider additional factors affecting the child’s well-being.

How Parents Can Strengthen Their Case for a Parenting Plan

If a judge is deciding a parenting plan, parents should take proactive steps to demonstrate their ability to provide a safe and loving environment for their child:

• Document Parenting Involvement – Keep records of school attendance, medical appointments, and time spent with the child.
• Follow Court Orders and Agreements – Demonstrating cooperation and compliance strengthens a parent’s case.
• Encourage a Positive Co-Parenting Relationship – Avoid negative talk about the other parent and promote healthy communication.
• Create a Stable Living Environment – Ensure the child’s home is safe, stable, and free of conflict.
• Be Actively Involved in the Child’s Life – Attend school functions, parent-teacher conferences, and extracurricular activities.

A judge will consider which parent is best equipped to meet the child’s emotional, physical, and educational needswhen developing a parenting plan.

What Happens If a Parent Violates a Court-Ordered Parenting Plan?

If a parent fails to comply with a court-approved parenting plan, the other parent may:

• File a motion for contempt or enforcement to hold the violating parent accountable.
• Request a modification of the parenting plan if violations continue.
• Seek legal penalties, such as makeup time-sharing or fines.

Florida courts take violations of a parenting plan seriously and may impose legal consequences if one parent deliberately disregards the agreement.

How a Family Law Attorney Can Help

A family law attorney can assist with:

• Drafting a legally sound parenting plan that meets Florida’s statutory requirements.
• Advocating for a fair time-sharing arrangement in court.
• Modifying existing parenting plans when circumstances change.
• Enforcing compliance if the other parent violates the agreement.

At Bonderud Law, we help parents navigate Florida’s custody laws and develop parenting plans that protect their parental rights and prioritize their child’s well-being. If you need legal guidance in a parenting plan case, contact us today for a free consultation.

Conclusion

Florida courts use a detailed set of statutory factors to develop a parenting plan that serves the child’s best interests. Judges consider stability, parental involvement, communication, and the child’s unique needs when determining time-sharing and custody arrangements.

If you are involved in a custody dispute, understanding these factors and working with an experienced attorney can help you build a strong case and secure a parenting plan that protects your child’s well-being.