Florida Child Custody: A Parent's Guide

In short: Florida replaced "custody" with time-sharing (the physical schedule) and parental responsibility (decision-making authority) in 2008. Since 2023, Florida law starts from a rebuttable presumption that equal time-sharing serves a child's best interest, though that presumption can be overcome and courts still weigh the full best-interest picture. Every Florida case involving children requires a court-approved parenting plan, and moving 50+ miles away requires the other parent's consent or court approval under a specific notice process.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Florida family law attorney or use the Florida Courts self-help resources.

What Florida generally provides

Florida Statute § 61.13 sets the framework: courts decide time-sharing and parental responsibility based on the child's best interest, with a statutory list of factors (each parent's capacity to meet the child's needs, the stability of each home, willingness to support the child's relationship with the other parent, school and community ties, and any evidence of domestic violence or substance abuse, among others). Since 2023, the law also starts from a rebuttable presumption favoring equal time-sharing specifically.

Important terminology

• Time-sharing: the physical schedule, when the child is with each parent. This replaced "custody" and "visitation" in Florida's statutes.
• Parental responsibility: legal decision-making authority over education, health care, and general welfare. Can be shared (both parents decide together, Florida's general preference) or sole (one parent decides, ordered only when shared responsibility would be harmful to the child).
• Parenting plan: the required written document covering time-sharing, parental responsibility, and a dispute-resolution method. See the standard Florida Family Law Form 12.995(a).
• Relocation: a change of primary residence 50+ miles away lasting 60+ days, governed by its own notice and consent process under § 61.13001.

How custody works in Florida

Parental responsibility (legal custody)

Florida strongly prefers shared parental responsibility, both parents involved in major decisions, even when the time-sharing schedule isn't equal. A court orders sole parental responsibility to one parent only when shared responsibility would be detrimental to the child, for example in cases involving domestic violence or a parent unable to participate meaningfully in decisions.

Time-sharing (physical custody)

Time-sharing is the actual schedule. Since the 2023 amendments (SB 1416), Florida law presumes equal time-sharing serves the child's best interest, a meaningful shift from the state's earlier, more open-ended best-interest approach. This is a rebuttable presumption: a parent can argue against equal time-sharing using the statutory best-interest factors, and the court can order an unequal schedule if the evidence supports it.

Mandatory parenting plans

Every Florida case involving minor children, whether a divorce, paternity action, or other proceeding, requires a court-approved parenting plan. It has to address the time-sharing schedule, how parental responsibility is allocated, and a method for resolving disputes that come up later. Florida's Family Law Form 12.995(a) is the standard template most parents build from, either agreed to jointly or, if contested, decided by the court. See what is a parenting plan for what a strong plan generally covers regardless of jurisdiction.

Parenting schedules

With the equal time-sharing presumption in place, patterns like 2-2-3 or week on, week off that split time evenly are common starting points in Florida, though the specific pattern still depends on the child's age, school schedule, and how far apart the parents live. See how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Florida Statute § 61.13001 governs any move of 50 miles or more lasting 60 days or more. The relocating parent must serve written notice of intent at least 60 days before the move, by certified mail or formal service, disclosing the new address and reasoning. If the other parent objects within 20 days, the move can't happen until the court rules, generally after an evidentiary hearing where the relocating parent bears the burden of proving the move is made in good faith and serves the child's best interest. Moving without following this process can lead to contempt, an order to return the child, or a change in time-sharing.

Common questions

How is child support calculated? Florida uses an income shares model under Florida Statute § 61.30: both parents' combined net income is matched to a statutory guidelines chart, and each parent pays their proportional share. Overnight time matters too, at least 20% of overnights (roughly 73 nights a year) triggers an adjustment to reflect that time.

Can a parenting plan be changed later? Yes, generally on a showing of a substantial, material, and unanticipated change in circumstances, and that the change serves the child's best interest.

What if my co-parent won't follow the time-sharing schedule? You can file a motion for contempt or enforcement with the court. Repeated violations can lead to makeup time-sharing, fines, or, in serious cases, a change in the parenting plan itself.

Practical considerations

Because the equal time-sharing presumption is relatively recent (2023), how consistently it's applied can still vary by circuit and judge, worth discussing directly with a Florida family law attorney if your case is contested. Whatever the parenting plan ends up specifying, the operational part that follows, keeping both households on the same time-sharing calendar, logging schedule-change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Florida resources

• Florida Statute § 61.13 (Time-Sharing and Parental Responsibility)
• Florida Statute § 61.13001 (Parental Relocation with a Child)
• Florida Courts: Family Law Forms and Self-Help Information
• Florida Statute § 61.30 (Child Support Guidelines)

Related OnePage resources

• Custody schedule generator
• What is a parenting plan
• How to choose a custody schedule
• Moving to another state with shared custody

Related Florida pages

• Florida hub