Florida child custody—legally known as parental responsibility and time-sharing—is determined by what serves the best interests of the child. Courts start with the presumption that equal time-sharing (50/50) is best, but this can be rebutted by evidence showing otherwise. Parenting Plans are required in every case, and judges evaluate factors like each parent’s ability to provide stability, the child’s needs, and any history of domestic violence.

This guide answers common questions about Florida child custody laws so parents can better understand the process.

What Do Florida Courts Consider in Custody Decisions?

Florida law requires courts to put the child’s best interests above all else. Judges evaluate multiple factors, including:

  • The child’s school and community record.
  • Each parent’s ability to foster a relationship between the child and the other parent.
  • Home stability and continuity.
  • The mental and physical health of the parents.
  • Any history of substance abuse or domestic violence.

In 2023, Florida law introduced a rebuttable presumption that equal time-sharing (50/50) is best. This means courts begin with that presumption, but a parent can present evidence to show that equal time is not in the child’s best interest.

What Is “Parental Responsibility”?

Parental responsibility refers to decision-making authority about major issues such as:

  • Healthcare
  • Education
  • Religious upbringing
  • Extracurricular activities

Courts typically award shared parental responsibility, meaning both parents collaborate on decisions. However, if shared authority would harm the child, one parent may be awarded sole parental responsibility.

What Is a Parenting Plan, and Why Is It Required?

Florida requires a Parenting Plan in every custody case. This document sets out:

  • The time-sharing schedule (holidays, weekdays, weekends, vacations).
  • Transportation and exchange arrangements.
  • Decision-making guidelines.
  • Communication methods between parents and the child.

The Florida Supreme Court provides standardized Parenting Plan forms, including specialized plans for supervised visitation or long-distance parenting.

Can a Child Choose Which Parent to Live With?

There is no fixed age when a child can decide custody. Judges may consider a child’s preference if the child is mature enough to express it, but the court still makes the final decision based on the child’s best interests.

What Happens if a Parent Wants to Relocate?

Relocation is defined as moving a child’s residence 50 miles or more for at least 60 consecutive days. Parents may:

  • Agree in writing to the move, or
  • File a petition to relocate if no agreement exists.

The other parent typically has 20 days to object. Judges will weigh statutory relocation factors, including how the move impacts the child’s education, family relationships, and well-being.

What if Parents Are Unmarried?

Florida applies the same rules of parental responsibility and time-sharing to unmarried parents, but first, paternity must be established. This can be done voluntarily or through a court proceeding. Only after paternity is confirmed can a Parenting Plan and time-sharing schedule be ordered.

For more guidance, ADL Law provides insights on family law matters affecting unmarried parents.

How Does Domestic Violence Affect Custody?

A history of domestic violence plays a significant role in custody determinations. Courts may:

  • Deny shared parental responsibility.
  • Limit or supervise time-sharing.
  • Apply legal presumptions against awarding custody or visitation to an abusive parent.

The priority remains protecting the child’s safety.

What if a Parent Violates the Custody Agreement?

If a parent refuses to comply with the Parenting Plan or custody order, the court may:

  • Grant make-up time to the other parent.
  • Order the violating parent to pay legal fees.
  • Require parenting classes or community service.
  • Modify the custody arrangement if necessary.

Child support cannot be withheld in response to custody violations, and custody time cannot be withheld in response to missed support payments.

How Are Child Support and Custody Connected?

Child support in Florida is calculated under § 61.30, Florida Statutes, and considers:

  • Both parents’ incomes.
  • Health insurance costs.
  • Childcare expenses.
  • The number of overnights each parent has with the child.

Even with equal time-sharing, child support may still be ordered.

Can Custody Arrangements Be Modified?

Yes, but the standard is strict. A modification requires:

  1. A substantial and material change in circumstances.
  2. Proof that the modification serves the child’s best interests.

As of 2023, the law no longer requires that the change be “unanticipated,” but it still must be significant.

Which State Has Custody Jurisdiction?

Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Generally, the child’s “home state”—where the child has lived for the past six months—has jurisdiction. Exceptions exist in emergencies.

Is Mediation Required?

Yes, in many cases. Mediation allows parents to negotiate Parenting Plans with the help of a neutral third party. This process often reduces conflict and legal costs while ensuring both parents have input.

Do Parents Have to Take a Parenting Class?

Yes. Florida law allows courts to require both parents to complete a Parent Education and Family Stabilization Course. This course helps parents understand the impact of divorce or separation on children and how to co-parent effectively.

What if a Parent Is Deployed in the Military?

Florida law provides special rules for military parents. If deployment disrupts custody, the court can order temporary modifications and ensure the parent retains meaningful contact when possible.

Do Grandparents Have Custody Rights?

Florida law provides very limited rights to grandparents. Courts may grant visitation in rare cases, such as when one parent has died or when a parent has been convicted of a violent offense.

Key Terms to Know

  • Parental Responsibility: Decision-making authority, either shared or sole.
  • Time-Sharing: The child’s day-to-day living schedule.
  • Parenting Plan: A legally required document outlining responsibilities and schedules.
  • UCCJEA: Governs which state has authority in custody cases.

Recent Legal Changes You Should Know

  • Equal time-sharing presumption: Since July 2023, courts presume a 50/50 split is best unless evidence proves otherwise.
  • Modification standards: No longer requires “unanticipated” change, only “substantial and material.”

Final Thoughts

Child custody cases in Florida can be emotionally and legally complex. Parents must navigate Parenting Plans, time-sharing schedules, and statutory requirements, all under the standard of the child’s best interests. Having clear, reliable information helps you prepare for the process.

For more details about custody and related family law issues, you can visit ADL Law, P.A.. If you need assistance with a custody case, call (772) 277-7764 or use the contact page to connect with the firm directly.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.