A Florida parenting plan is a written, court-approved document that sets out a time-sharing schedule, who makes major decisions about the children, and how the parents and children communicate. Every divorce or paternity case involving a minor child has to produce one. In Tampa, parents can negotiate that plan themselves in mediation, either before filing or after a case is open, and a Hillsborough County judge then reviews it and enters it as a court order.
Florida does not divide children. No judge hands one parent a custody ruling while the other is offered alternating Saturdays. Instead, Florida family law - governed by Florida Statute 61.13 - requires a detailed parenting plan that a circuit court judge formally approves and incorporates into the final judgment. That document governs everything from who drives carpool on Wednesday mornings to how winter break is divided for years to come.
For Tampa parents going through divorce, the parenting plan is often the most consequential piece of paper they will sign. Handed to a judge after months of litigation, it can lock a family into an arrangement that fits no one. Built through mediation, it can become a practical roadmap around the children's actual lives. This guide covers what Florida law requires, what choices Tampa families typically face, how parenting plan mediation works in Hillsborough County, and where mediation ends and the court takes over.
What Florida Law Actually Requires
Most people entering divorce in Tampa have never read Florida Statute 61.13. They use words like "custody" and "visitation" - terms Florida courts moved away from years ago. The state's preferred language is timesharing (the schedule of when each parent is physically with the children) and parental responsibility (the authority to make major decisions about education, health care, and extracurricular activities). This is more than a terminology shift. It reflects a legal philosophy: both parents remain parents with defined roles, rather than one parent winning the children and the other being a visitor.
Under Florida Statute 61.13(2)(b), a court-approved parenting plan must be a written document that addresses, at minimum:
- A detailed timesharing schedule showing how much time the child spends with each parent, including the regular weekly rotation, holidays, school breaks, and vacation time
- How the parents will share the daily tasks of raising the child, and which parent handles routine decisions during their timesharing period
- Who is responsible for health care, for school-related matters (including the address used for school-boundary determination and registration), and for extracurricular activities
- The methods and technologies the parents will use to communicate with the child
- Designated exchange locations, unless both parents agree otherwise in writing
The plan must be specific enough that either parent - or a judge if a dispute arises years later - can read it and know exactly what is supposed to happen on any given day of the year. Language like "parents will work together on holidays" is not sufficient, and courts can send vague plans back for revision, adding delay and cost to an already stressful process.
The 2023 Equal Timesharing Presumption
Effective July 1, 2023, Florida's Chapter 2023-301 (House Bill 1301) amended Section 61.13 to establish a rebuttable presumption that equal (50/50) timesharing is in the child's best interests. Before this change, Florida courts had no default position - judges weighed the statutory best-interests factors and ordered whatever arrangement the evidence supported. Under the current statute, a parent who argues for something other than equal time must prove by a preponderance of the evidence that equal timesharing is not in the child's best interests, and the court must make specific written findings when it sets a schedule the parents have not agreed to.
What does this mean practically for Tampa parents negotiating today? If a case reaches a Hillsborough County judge without an agreement, the starting point is equal time. But the presumption does not bind parents who agree on something different: a schedule both parents choose, such as a 60/40 split built around one parent's shift work, is a legitimate outcome. The presumption also shifts the tone of mediation. Rather than both parents fighting for a majority share of time, the conversation starts from equality and moves toward customizing a realistic schedule based on work hours, the children's ages, school locations, and the concrete realities of daily life in Tampa.
The 20 Best-Interests Factors
Whether a case is settled in mediation or decided at trial, the 20 best-interests factors in Section 61.13(3), lettered (a) through (t), form the analytical foundation of every Florida parenting plan. Even in a cooperative mediation, a skilled mediator will work through these factors to ensure the agreement parents reach can withstand judicial review. The most frequently relevant factors include:
- Each parent's demonstrated ability to facilitate and support a close, continuing parent-child relationship with the other parent
- The division of parental responsibilities going forward, including the extent to which responsibilities will be delegated to third parties such as babysitters or daycare providers
- Each parent's capacity to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
- The geographic viability of the plan, with special attention to the needs of school-age children and the logistics of the parents' locations within the Tampa Bay area
- The mental and physical health of the parents
- The home, school, and community record of the child
- The reasonable preference of the child, if the court considers the child to be of sufficient intelligence, understanding, and experience
- Each parent's knowledge of and familiarity with the child's teachers, medical providers, friends, and daily routines
- Any evidence of domestic violence, child abuse, child abandonment, or child neglect
The statute lists further factors beyond these, and the court weighs them all. The statute also says the geographic factor does not create a presumption for or against a parent relocating with a child.
In mediation, parents are not reciting these factors before a judge. But they inform everything. When a Tampa mediator helps a couple work through a schedule, the conversation naturally centers on which parent has handled school pickups, who has the more flexible work schedule, how far apart the two households are, and what the children's established rhythms look like. A parenting plan built on those realities is one both parents will actually follow.
Common Timesharing Schedules Tampa Families Choose
The right schedule depends on the children's ages, each parent's work schedule, the distance between households, and the children's school and activity commitments. There is no single template that works for everyone - which is exactly why mediation can produce a better fit than a judge's ruling. These are the schedules Tampa families most often build through mediation:
Week On / Week Off
Each parent has the children for a full seven-day period, with exchanges typically at school pickup on Fridays or on Sunday evenings. This schedule works well for school-age children who can handle longer stretches away from each parent, and for parents whose work schedules are relatively predictable. Fewer exchange points mean fewer opportunities for conflict.
The 2-2-3 Rotating Schedule
Children spend two days with one parent, two days with the other, then three days back with the first - then the cycle flips. Over two weeks, each parent ends up with exactly seven days of timesharing. This schedule is popular for younger children who benefit from more frequent contact with both parents, and for parents living close to each other and to the children's school. The tradeoff is more frequent exchanges, which requires consistent communication.
The 2-2-5-5 Schedule
Children spend two days with one parent, two days with the other, then five days with the first parent, then five days with the other. This achieves a true 50/50 split over a two-week cycle with fewer transitions than the 2-2-3, and many Tampa parents find it suits school-age children particularly well.
Primary Residence with Substantial Timesharing
One parent serves as the primary residential parent - children use that address as their base - while the other has substantial timesharing, often every other weekend plus one weeknight, or two evenings per week plus alternating weekends. This arrangement typically produces a 60/40 or 70/30 split and is common when one parent travels frequently, when children are very young and more dependent on one primary caregiver, or when the parents live far enough apart that frequent exchanges are impractical.
Customized Hybrid Schedules
Tampa's workforce includes a significant number of healthcare workers, hospitality employees, first responders, and military personnel - many connected to MacDill Air Force Base on the south side of the city - whose schedules do not follow a standard Monday-to-Friday pattern. Mediation allows these parents to build timesharing schedules around 12-hour shifts, rotating duty weekends, or deployment cycles in ways that a standard template cannot capture. A nurse working three overnight shifts one week and four the next can design a schedule that matches her calendar. Service members can find more on this in the guide to military divorce mediation for MacDill families.
Building Your Holiday, School Break, and Vacation Schedule
The weekly rotation is only half of a Florida parenting plan. The holiday and vacation provisions are often what parents negotiate most carefully - and where a detailed, specific agreement prevents the most conflict over the years that follow. Florida courts expect plans to specify holiday arrangements by day and time, not general statements of intent. For a family-focused look at the emotional side of the calendar, see navigating the holidays after a divorce.
Winter Break
Most Tampa families alternate winter break between parents from year to year, or split it at a defined midpoint such as December 26 or 27. The plan should specify exact exchange times and which parent has the children on Christmas Eve versus Christmas Day in odd years versus even years.
Thanksgiving
Typically alternates annually. The plan should define whether "Thanksgiving" means only the Thursday, the long weekend, or the full school release period, since Hillsborough County Public Schools sometimes release for the full week.
Spring Break
A good parenting plan references the official school district calendar rather than fixed calendar dates, so the provision stays accurate year after year as school schedules shift. Spring break typically alternates between parents annually.
Summer Vacation
Florida parenting plans commonly give each parent a defined block of uninterrupted summer time - often two to four weeks - during which the other parent's regular weekly schedule is suspended. Plans should specify the deadline by which each parent must give written notice of their chosen summer dates, preventing conflicts over the same week.
Birthdays, Mother's Day, and Father's Day
Many plans give each parent guaranteed time with the children on their birthday and on the corresponding parenting holiday, regardless of whose regular timesharing week it falls on. These are small provisions in a long document but they prevent a disproportionate share of post-divorce disputes.
Parental Responsibility: Shared vs. Sole Decision-Making
Florida law presumes that shared parental responsibility - both parents making major decisions together - serves the child's best interests. Sole parental responsibility, where one parent has unilateral authority over major decisions, is reserved for situations where shared decision-making would be detrimental to the child. That finding requires substantial evidence and is relatively rare.
In mediation, most Tampa parents agree to shared parental responsibility and then get specific about how it works in practice. Major medical decisions require both parents' consent. Enrollment in a new school requires agreement. Elective surgeries require agreement. Day-to-day decisions during each parent's timesharing - what the child eats for dinner, bedtime, which friends to invite over - are made by the parent who currently has the child, without requiring the other parent's input.
Some mediated plans include what practitioners call an "ultimate authority" provision for specific categories where parents anticipate disagreement. For example, one parent may have final say on medical decisions after good-faith consultation, while the other has final say on extracurricular commitments. These provisions prevent deadlock without requiring sole parental responsibility. This kind of nuanced allocation is rarely something a judge would craft for a family; parents who know their own dynamics can build it in from the start.
Communication Provisions: Frequently Under-Drafted, Always Important
Florida Statute 61.13(2)(b) requires the parenting plan to address how the parents will share daily tasks and the methods and technologies used to communicate with the child. In practice, parent-to-parent communication belongs in the same conversation. This section is often the shortest and vaguest part of a first-draft plan - and it is the source of a disproportionate number of post-divorce disputes.
Well-drafted communication provisions address:
- The preferred channel for parent-to-parent communication (text, email, or a dedicated co-parenting app)
- Reasonable response time expectations for non-emergency messages
- How schedule change requests are made and confirmed in writing
- The child's right to contact the other parent during timesharing, including reasonable times and frequency
- Technology provisions - what devices the child may use and any agreed-upon screen-time rules that apply in both households
Many Tampa families now specify in their parenting plans that all co-parent communication will go through a dedicated platform such as OurFamilyWizard or TalkingParents. These apps maintain timestamped, documented message logs that reduce misunderstandings and provide a clear record if disputes escalate. A mediator can help parents agree on which platform to use and document that choice in the plan before it is finalized. For day-to-day habits that keep a plan working, see these co-parenting tips for life after divorce.
One Requirement Tampa Parents Often Miss: The Parenting Class
Under Florida Statute 61.21, all parties to a dissolution of marriage with minor children must complete a court-approved parent education and family stabilization course before the court enters the final judgment. This is a statewide rule, not a local option. The petitioner must finish the course within 45 days after filing the petition, and the other parent within 45 days after being served, unless the court excuses the party. Each parent files proof of compliance with the court. The class covers the effect of divorce on children, co-parenting communication, and practical guidance on managing transitions between households.
Parents who use mediation, including pre-suit mediation to resolve everything before filing, still need to complete the class before a judge will sign the final judgment. The statute lets a court excuse a party for good cause, but parents should not assume that applies to them. Course providers charge a reasonable fee, and the statute calls for at least one approved site per circuit with a sliding fee scale where available. Confirm the current list of approved providers and any local requirements with the 13th Judicial Circuit (fljud13.org) before enrolling.
Parenting Plan Mediation in Tampa: Court Program or Private Mediator
Parents in Hillsborough County generally have two routes into mediation. The first is a private Florida Supreme Court certified family mediator, hired by the parents, which is the usual route for pre-suit mediation. The second is the 13th Judicial Circuit's own Family Mediation program, run through Mediation & Diversion Services at the courthouse complex at 800 E. Twiggs Street in Tampa.
According to the court's program page, as of November 2026:
- Parties can ask for pre-judgment or post-judgment family mediation, or the court can order it.
- It covers time-sharing, child support, alimony, insurance, personal property and other dissolution issues, for married and unmarried parents.
- The fee is a flat rate per party set by combined household income: $60 per party at $50,000 or less in combined gross annual income, and $120 per party above that. The fee can be waived if the court finds a party indigent.
- Family mediation is considered inappropriate while a case is under investigation for child abuse.
- Post-judgment cases must go through mediation before a hearing can be scheduled with a judge or general magistrate.
- If the parents reach an agreement, it goes to a Family Law judge for review and is entered as a court order. The mediator cannot give legal advice.
Private mediators set their own rates, and these vary by mediator, session length and case complexity; the page on how divorce mediation fees work explains what drives the cost. Parents who are representing themselves can also get free forms help from the court's Family Law Self-Help Programs, run by Bay Area Legal Services, including a walk-in Family Forms Clinic at the George Edgecomb Courthouse. Hours change, so call before going.
Why Mediation Can Produce Better Parenting Plans Than Litigation
The central argument for mediation is straightforward: you know your children; a Hillsborough County circuit judge does not. A judge hearing a contested timesharing case decides on the evidence presented in a limited adversarial setting, and the outcome reflects what the judge finds credible there - not necessarily what would work best for your specific family.
Mediation reverses that dynamic. The parents sit together - or in separate rooms if the dynamics require it - with a neutral mediator whose job is to help them reach their own agreement. Mediation communications are confidential under Florida Statute 44.405 and generally cannot be used against either party in court. There are exceptions: a signed written settlement agreement is not protected, and neither are communications used to plan a crime, threaten violence, or support a mandatory abuse report. The conversation can go wherever the family's circumstances require. Parents of a child with a specific medical condition can build care protocols directly into the plan. A family with a teenager heavily involved in travel baseball can align the schedule with the season. A parent planning to care for an aging relative can factor that reality into the summer schedule.
Plans that parents build together tend to be more detailed and more realistic than orders imposed after a trial, and parents who wrote the terms themselves have a head start in returning to mediation, rather than court, when the plan needs adjusting. The cost difference can also be substantial: a contested case means attorney time for discovery, hearings and trial, while the court's own mediation program charges a flat $60 or $120 per party. Mediation leaves both parents with more resources to invest in the children themselves.
How Parenting Plan Mediation Typically Works
Parenting plan mediation is usually structured but calm. There is no courtroom formality, no cross-examination, and less adversarial pressure. Although each mediator runs sessions a little differently, the process typically moves through these stages:
- Preparation: Each parent gathers concrete information - the children's school schedule and activities, each parent's work schedule, any special medical or educational needs, and a realistic picture of where each parent expects to live after the divorce is finalized.
- Opening: The mediator explains the process, establishes ground rules for respectful communication, and reorients both parents toward a shared goal: an agreement that serves the children's best interests.
- Timesharing schedule: The parents work through the weekly rotation first, then layer in the holiday schedule, school breaks, and summer vacation provisions. The mediator raises the Florida statutory requirements and flags any gaps that would prevent court approval.
- Parental responsibility: The parents address decision-making for health care, education, and extracurricular activities, and resolve any categories where they anticipate needing a clear protocol for breaking deadlocks.
- Communication provisions: The parents agree on how they will communicate with each other, how disputes about schedule changes will be handled, and how the children will maintain contact with each parent during the other's timesharing.
- Written agreement: The mediator prepares a written memorandum of the agreement. Florida law permits - and many mediators recommend - that each parent review the final written plan with their own attorney before signing, to ensure they fully understand what they are agreeing to.
- Court filing: The signed parenting plan is incorporated into the marital settlement agreement (or filed as a standalone document in a paternity case) and submitted to the Hillsborough County Clerk of Courts at 800 E. Twiggs Street, Tampa - or filed electronically through the Florida Courts E-Filing Portal - for a judge's approval and incorporation into the final judgment.
For the general process across all issues, not only children, see how divorce mediation works in Florida. A checklist of documents to bring is linked at the end of this guide.
What Happens If Parenting Plan Mediation Does Not Produce an Agreement
Mediation is not a guarantee of settlement. Under Florida Statute 61.183, when parental responsibility, primary residence, time-sharing or support of a child is contested, the court may refer the parties to mediation; the statute does not require a referral in every case. If the parents reach an agreement, the mediator prepares a consent order, the parents and their attorneys review it, and the court enters it if approved. Once entered, it is enforceable like any other court order.
If no agreement is reached, the case goes back to the court. Parents often settle some issues and not others, and an agreement on part of the plan, for example the holiday schedule, narrows what the judge has to decide. Where a judge must set the schedule, the equal-time presumption applies and the court must evaluate the best-interests factors and make written findings. A second mediation session after both sides have seen the other's positions in writing is a common next step before trial.
After the Plan Is Approved: What Comes Next
Once a judge signs off on your parenting plan, it becomes a court order. Both parents are legally bound by every provision. Violating it - refusing the other parent their timesharing, making unilateral major decisions that require joint approval, blocking the child's communication with the other parent - can result in contempt proceedings before the same court.
Modifying the plan later requires either a new written agreement between both parents (which can again be reached through mediation and submitted to the court) or a showing of a substantial and material change in circumstances and that the change is in the child's best interests. Before July 1, 2023, Florida law also required that the change be unanticipated; Chapter 2023-315 (Senate Bill 1416) removed that requirement. The standard remains demanding, which is why getting the plan right at the outset - with enough specificity to cover real-life scenarios - is far preferable to returning to court every few years. The guide to post-divorce modifications in Tampa covers that process, and a parent who may move out of the area should read about parental relocation after divorce before making plans.
Well-crafted Tampa parenting plans typically build in some structured flexibility: trade-off provisions for minor scheduling swaps, a right-of-first-refusal clause requiring a parent to offer the other parent childcare before using a third party, and an agreed process for requesting schedule changes in writing with a defined response deadline. These provisions accommodate the unpredictability of real life without requiring a new court order every time something shifts.
For resources specific to Hillsborough County, the 13th Judicial Circuit (fljud13.org) provides family mediation information, self-help programs and forms. The Hillsborough County Clerk of Courts (hillsclerk.com) maintains current filing fee schedules - verify fees directly with the Clerk before submitting any paperwork, as these figures change over time.
Frequently Asked Questions
What is the difference between a parenting plan and a timesharing schedule?
The timesharing schedule is one part of the parenting plan. The plan as a whole also covers who makes decisions about school and health care, how the parents share daily tasks, how everyone communicates, and where exchanges happen. Under Florida Statute 61.13(2)(b), a court-approved plan must address all of these, not only the calendar.
Does Florida still use the term 'custody' in divorce cases?
Florida family law replaced 'custody' and 'visitation' with 'timesharing' and 'parental responsibility.' These are not just semantic changes - they reflect the legal presumption that both parents remain active participants in the child's life. A parent does not lose parental rights in a Florida divorce; the plan defines each parent's specific role.
What did Florida's 2023 equal timesharing law actually change?
Chapter 2023-301 (House Bill 1301), effective July 1, 2023, created a rebuttable presumption that equal (50/50) timesharing is in the child's best interests. A parent seeking a different arrangement must prove by a preponderance of the evidence that equal time is not in the child's best interests, and the court must make written findings. Parents who agree on a different schedule are not bound by the presumption, so in mediation it works mainly as a baseline.
How much does parenting plan mediation cost in Tampa?
It depends on the route. As of November 2026, the 13th Judicial Circuit's Family Mediation program charges a flat $60 per party for combined gross annual household income of $50,000 or less, and $120 per party above that, with a waiver available for indigent parties. Private certified mediators set their own rates, so ask about fees, session length and who pays before booking.
Can we modify our parenting plan after a judge approves it?
Yes. Modification requires either a new written agreement between both parents - which can be negotiated through mediation and submitted to the court - or a showing of a substantial and material change in circumstances and that the change serves the child's best interests. Temporary schedule adjustments can often be handled cooperatively between parents, but any permanent change should be documented in a modified court order to remain enforceable if a dispute arises later.
Does a mediated parenting plan still need a judge's signature?
Yes. Even a fully agreed parenting plan must be reviewed and approved by a Hillsborough County circuit judge before it becomes a legally binding court order. The judge confirms that the plan meets Florida's statutory requirements and appears to serve the children's best interests. In practice, well-drafted mediated agreements are routinely approved and incorporated into the final judgment of dissolution of marriage.
Do both parents have to take a parenting class during a Tampa divorce?
Yes. Florida Statute 61.21 requires all parties to a dissolution of marriage with minor children to complete a court-approved parent education and family stabilization course before the final judgment, generally within 45 days of filing (petitioner) or of being served (other parent). Even parents who resolve everything through pre-suit mediation and file an uncontested case need to complete it, unless the court excuses a party for good cause.
Is mediation required before a Hillsborough County judge rules on a parenting plan?
Not automatically. Under Florida Statute 61.183 the court may refer contested parenting issues to mediation, and in Hillsborough County the court can order family mediation. Many Tampa families choose to mediate before filing anything - reaching a complete parenting plan through pre-suit mediation and then filing an uncontested petition with the plan already signed. Mediation is not considered appropriate while a case is under a child abuse investigation.
Does a parenting plan decide child support?
No. Child support is calculated separately, although the timesharing schedule can affect that calculation. Parents usually settle both in the same mediation. The child support guide linked at the end of this page explains how that works, and the divorce mediation FAQs answer other common questions.
If you and your spouse are preparing to build a parenting plan that fits your family, bring the school calendar, each parent's work schedule, and a list of the holidays and decisions that matter most to you. Ask a Florida Supreme Court certified family mediator how timesharing and parental responsibility terms are usually written, and ask a Florida family law attorney to review the plan before you sign. This guide is general information, not legal advice. To keep reading, see how to prepare for divorce mediation in Tampa, child support and mediation in Tampa, and the divorce steps.