Parenting Plans in Naples, Florida

Parenting Plan Attorneys Guided by a Kids-First Philosophy

Florida law requires a parenting plan in virtually every case involving a minor child, whether you’re going through a divorce or separating as unmarried parents. A plan that’s vague or rushed can cost far more to fix later than it would have cost to get right the first time. At Family First Legal Group, our full team of attorneys and support professionals brings genuine capacity to every parenting plan case in Naples, guided by a straightforward philosophy: kids crave structure, and the plan should reflect that from day one.

We’ve served Southwest Florida families from our Naples and Cape Coral offices since 2016. Our work in Collier County has earned recognition from the American Institute of Family Law Attorneys as a two-time winner of the 10 Best Law Firms for Client Satisfaction and multiple Law Firm 500 honors between 2017 and 2024. To speak with a Naples parenting plan attorney, call us today at (239) 319-4441 or schedule a consultation at either office.

What Florida Law Means by a “Parenting Plan”

Florida courts don’t use the term “custody” the way most people expect. Under Florida Statute 61.13, the operative document is a parenting plan, a court-approved agreement that defines how parents share decision-making authority and sets a time-sharing schedule detailing when the child can be with each parent. The older language of “visitation” and “noncustodial parent” has been replaced throughout Florida law to reflect the presumption that children benefit from two active parents and two homes.

A parenting plan doesn’t take effect because both parents sign it. It must be submitted to and approved by the Collier County family court. Judges generally approve an agreed plan, but they aren’t required to and may issue their own if they determine the proposed plan doesn’t serve the child’s best interests.

What a Florida Parenting Plan Must Include

Section 61.13(2)(b) sets the minimum provisions every plan must contain. A plan that omits these elements may not be approved.

What the statute requires:

• Daily task responsibilities: A description of how parents share the day-to-day work of raising the child
• Time-sharing schedule: Specific parenting time for regular weeks, school breaks, summer, holidays, vacations, and occasions such as birthdays and Mother’s and Father’s Days
• Decision-making authority: Designated responsibility for health care, school-related matters, and extracurricular activities
• Communication methods: The technology and methods each parent can use to stay in contact with the child when the child is with the other parent
• Health care provisions: Where shared parental responsibility over health care is ordered, either parent may generally consent to mental health treatment under the 2023 amendments to Section 61.13(2)(b)3.a., unless the plan states otherwise

The plan should also address access to the child’s records, attendance at school events and activities, and notice requirements when parenting time needs to change. Specificity matters. Vague plans create the gaps that fuel future disputes.

Shared vs. Sole Parental Responsibility in Collier County

Parental responsibility governs major decisions, not just time. Collier County family courts start from the position that shared parental responsibility is in the child’s best interest. Under shared parental responsibility, both parents confer and agree before making decisions about the child’s education, health care, and religious upbringing.

Types of Parental Responsibility

Sole parental responsibility, where one parent makes major decisions unilaterally, requires proof that shared responsibility would be detrimental to the child. That’s a high bar, and courts don’t grant it routinely. A middle option also exists: shared parental responsibility with one parent holding ultimate decision-making authority over a specific category, such as medical decisions, when the parents can cooperate generally but consistently deadlock on one issue.

How Courts Evaluate Parental Responsibility

The court evaluates parental responsibility alongside time-sharing using the 22 statutory factors under Section 61.13(3), including each parent’s willingness to support the child’s relationship with the other parent, communication ability, the child’s existing school and community ties, each parent’s physical and mental health, and any history of domestic violence or substance abuse. In 2023, the Florida Legislature established a presumption in favor of equal 50/50 time-sharing. A parent who seeks a different arrangement must demonstrate by a preponderance of the evidence that equal parenting time isn’t in the child’s best interest.

Modifying or Enforcing a Parenting Plan

Once a parenting plan is approved, changing it requires more than mutual agreement. Under Section 61.13, a modification petition must show a substantial, material change in circumstances since the original plan was entered and that the proposed change serves the child’s best interests. As of July 1, 2023, the prior requirement that the change was unanticipated has been removed, but the evidentiary burden remains significant.

Circumstances that may support a modification include a parent’s relocation, a meaningful change in the child’s needs, such as a new medical diagnosis or special education requirement, or a documented pattern of one parent refusing to follow the plan. When a parent won’t comply with an approved plan, the other parent can file a motion for enforcement. The court can hold the non-compliant parent in contempt and order corrective measures.

We handle both parenting plan modifications and enforcement proceedings for Naples-area families. The clearest way to reduce the likelihood of either is to draft the original plan with enough specificity that disputed situations are already addressed.

Why Naples Families Work with Family First Legal Group

Our approach to parenting plan cases starts with the same principle that guides all of our child custody work: children need structure, and the legal document that governs their daily lives should be built around that need rather than constructed around parental conflict. We work to facilitate respectful outcomes that protect our clients’ parental rights, preserve their dignity, and keep children out of the middle.

Awards and Recognition
Family First Legal Group has received the 10 Best Law Firms for Client Satisfaction award from the American Institute of Family Law Attorneys twice, Law Firm 500 recognition in 2017, 2018, 2019, and 2024, Naples Illustrated Top Law Firm recognition, and Super Lawyers Rising Stars designations for our attorneys. That record reflects how we work, not just how we market.

Free Educational Resources
Before your first consultation, we offer two free resources you can access immediately: The Florida Parent’s Divorce Handbook and 10 Do’s and 10 Don’ts of Parenting When You’re Splitting Up. Both are designed to help you understand the process before you’re sitting across from a judge.

Schedule a Parenting Plan Consultation in Naples

Whether you’re drafting a plan for the first time or need to address one that’s no longer working, we’re ready to help you pursue a stable, workable arrangement for your child. Consultations are available at our Naples and Cape Coral offices, and we serve clients throughout Collier County, Lee County, and the surrounding Southwest Florida communities.

Contact Family First Legal Group today to schedule your consultation. Call (239) 319-4441 or reach us through our online contact form.