Question 1

What must a Florida parenting plan include?

Accepted Answer

Under Florida Statute §61.13, every parenting plan must include a timesharing schedule, a description of how parents share daily responsibilities, communication provisions, and a process for resolving future disputes.

Question 2

Can I modify a parenting plan in Florida?

Accepted Answer

Yes, if there has been a substantial, material, and unanticipated change in circumstances since the current plan was established. Both parents can agree to modifications, or either can petition the court.

Question 3

What if the parenting plan is too vague?

Accepted Answer

A vague parenting plan is difficult to enforce. If the plan says 'reasonable timesharing' without specifics, neither parent has an enforceable schedule. Courts strongly prefer detailed, specific plans.

Question 4

Do both parents have to agree on a parenting plan?

Accepted Answer

Ideally, yes. If parents cannot agree, each can submit their own proposed plan and the court will decide based on the child's best interests.

Question 5

Is a parenting plan legally binding in Florida?

Accepted Answer

Once approved by the court, a parenting plan becomes a court order and is fully enforceable. Violating the terms can result in contempt proceedings.

Question 6

What is timesharing in Florida?

Accepted Answer

Timesharing is the legal term Florida uses instead of 'visitation' or 'custody.' It refers to the specific schedule that determines when each parent has physical time with their child.

Question 7

Is Florida a 50/50 custody state?

Accepted Answer

No. Florida does not automatically default to 50/50 timesharing. Courts determine the schedule based on the best interests of the child, considering 20 statutory factors.

Question 8

At what age can a child choose which parent to live with in Florida?

Accepted Answer

Florida law does not set a specific age. The court may consider the child's preference, but it is only one of many factors and is never the sole determining factor.

Question 9

Does Florida favor mothers over fathers in custody?

Accepted Answer

No. Florida law explicitly states there is no presumption in favor of either parent based on gender. Both parents start on equal footing.

Question 10

Can a parent deny timesharing in Florida?

Accepted Answer

No. A parent cannot unilaterally deny the other parent's court-ordered timesharing. Doing so can result in contempt proceedings.

Question 11

How long does a Florida divorce take?

Accepted Answer

Florida requires a minimum 20-day waiting period. Uncontested divorces can be finalized in 30–45 days. Contested cases typically take 6–12 months or longer.

Question 12

How long do I have to live in Florida to file for divorce?

Accepted Answer

At least one spouse must have been a Florida resident for a minimum of six months before filing.

Question 13

Is Florida a no-fault divorce state?

Accepted Answer

Yes. You only need to state that the marriage is irretrievably broken. You do not need to prove adultery, abuse, or other fault-based grounds.

Question 14

How is property divided in a Florida divorce?

Accepted Answer

Florida follows equitable distribution — marital assets and debts are divided fairly, though not necessarily equally.

Question 15

What if my spouse won't sign the divorce papers?

Accepted Answer

You do not need your spouse's agreement. If they refuse to respond after proper service, you can seek a default judgment.

Question 16

How is child support calculated in Florida?

Accepted Answer

Florida uses an income shares model under Statute §61.30. The calculation considers both parents' net incomes, overnights, health insurance costs, and daycare costs.

Question 17

Can child support be modified in Florida?

Accepted Answer

Yes, when there is a substantial change in circumstances or a 15% or $50 difference from the current guidelines amount.

Question 18

What happens if a parent doesn't pay child support?

Accepted Answer

Enforcement mechanisms include wage garnishment, license suspension, passport denial, liens on property, seizure of bank accounts, and contempt of court.

Question 19

Does timesharing affect child support in Florida?

Accepted Answer

Yes. The number of overnights each parent has directly affects the child support calculation. More overnights generally means a lower support obligation.

Question 20

How do I establish paternity in Florida?

Accepted Answer

Paternity can be established voluntarily by both parents signing an Acknowledgment of Paternity, or through a court proceeding with DNA testing.

Question 21

Does an unmarried father have custody rights in Florida?

Accepted Answer

Not automatically. The father must first establish paternity legally before he can petition for timesharing and parental responsibility.

Question 22

Can I move out of state with my child in Florida?

Accepted Answer

If the move is more than 50 miles from your current residence, you must either get written consent from the other parent or petition the court for permission under Statute §61.13001.

Question 23

What happens if I move without court permission?

Accepted Answer

The court can order you to return, modify timesharing in favor of the other parent, hold you in contempt, and award attorney's fees.

Question 24

Can I go to jail for not paying child support in Florida?

Accepted Answer

Yes. Willful failure to pay child support can result in civil or criminal contempt, which can include jail time.

Question 25

Can I withhold timesharing if the other parent doesn't pay support?

Accepted Answer

Absolutely not. Timesharing and child support are separate legal obligations. Withholding timesharing can result in you being held in contempt.

Florida Family Law FAQ

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Parenting Plans

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