Child Custody in Florida

Overview of Florida Custody Law

Florida does not use the terms “custody” or “visitation” in its statutes. Instead, the state uses parental responsibility (decision-making authority) and time-sharing (the schedule of time each parent spends with the child). This terminology shift, which Florida adopted in 2008, reflects the state’s emphasis on both parents maintaining meaningful involvement in their children’s lives.

Florida custody law is governed primarily by Florida Statutes Sections 61.13 through 61.13001. Every custody determination is guided by the best interests of the child, and the court has broad discretion to craft a parenting plan that fits each family’s unique circumstances.

Types of Parental Responsibility

Florida recognizes three forms of parental responsibility:

• Shared parental responsibility — Both parents retain full parental rights and responsibilities, and both participate in major decisions affecting the child’s welfare, including education, healthcare, and religious upbringing. This is the presumptive arrangement in Florida.
• Sole parental responsibility — One parent has the exclusive authority to make major decisions for the child. Courts award sole responsibility only when shared responsibility would be detrimental to the child.
• Shared parental responsibility with ultimate decision-making authority — Both parents share responsibility, but one parent has the final say on specific categories of decisions when the parents cannot agree.

For a broader look at custody types across states, see our guide on child custody laws explained.

The Equal Time-Sharing Presumption

In 2023, Florida enacted HB 1301, which created a statutory presumption that equal time-sharing (approximately 50/50) is in the best interests of the child. This presumption took effect on October 1, 2023, and represents a significant shift in Florida custody law. Before HB 1301, there was no presumption for or against any specific time-sharing arrangement.

Under the current law, the court begins with the assumption that equal time-sharing serves the child’s best interests. A parent seeking a different arrangement bears the burden of demonstrating, by a preponderance of the evidence, that equal time-sharing would be detrimental to the child. The court must make specific written findings if it deviates from the equal time-sharing presumption.

Best Interests Factors

Florida Statute Section 61.13(3) lists 20 factors the court must evaluate when determining the child’s best interests and establishing a parenting plan. Key factors include:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship with the other parent
• The anticipated division of parental responsibilities after the case, including the extent to which parental responsibilities will be delegated to third parties
• The demonstrated capacity of each parent to determine, consider, and act upon the needs of the child
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• The geographic viability of the parenting plan, with special attention to the needs of school-age children
• The moral fitness of the parents
• 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 deems the child to be of sufficient intelligence, understanding, and experience
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
• Any other factor relevant to the child’s best interests

The court considers all factors together. No single factor is automatically dispositive.

Child’s Preference

Florida does not set a specific age at which a child may express a preference about time-sharing. The court may consider the child’s wishes if the judge determines the child has sufficient intelligence, understanding, and experience to express a meaningful preference. In practice, courts give more weight to the preferences of older teenagers, but there is no statutory threshold. The child’s preference is one factor among the 20 listed in the statute — it does not control the outcome.

Parenting Plans

Florida requires every custody case to include a parenting plan approved by the court. Under Florida Statute Section 61.13, the parenting plan must address:

• The daily schedule for time-sharing, including holidays, school breaks, and vacations
• How each parent will share the responsibilities of daily tasks associated with the upbringing of the child
• How the parents will communicate with the child during the other parent’s time-sharing
• Who is responsible for healthcare, school-related matters, and extracurricular activities
• Methods and technologies that the parents will use to communicate with the child

If the parents cannot agree on a plan, the court will establish one based on the best interests factors. A detailed parenting plan reduces future conflicts by providing clear expectations. For more on how courts make these decisions, see our guide on how child custody is determined.

Mandatory Mediation

Most Florida judicial circuits require mediation before a contested custody case can proceed to trial. Mediation gives both parents the opportunity to negotiate a parenting plan with the assistance of a neutral third party. If mediation is successful, the agreement is submitted to the court for approval. If mediation fails, the case moves forward to a hearing or trial.

Florida courts also have the authority to order mediation at any stage of the case, even after initial orders have been entered.

Relocation Rules

Florida has detailed relocation statutes. Under Florida Statute Section 61.13001, a parent who wants to relocate more than 50 miles from their current residence for a period of at least 60 consecutive days must either obtain written agreement from the other parent or petition the court for permission.

The relocating parent must provide written notice at least 60 days before the proposed move. If the other parent objects within 20 days, the court holds an evidentiary hearing. The parent seeking relocation bears the initial burden of proving that the move is in good faith and in the child’s best interest. Factors the court considers include the nature and quality of the child’s relationship with each parent, the age and needs of the child, the feasibility of preserving the child’s relationship with the non-relocating parent, and the child’s preference.

Modification of Time-Sharing

Either parent may seek to modify an existing parenting plan by demonstrating a substantial, material, and unanticipated change in circumstances since the last order. The modification must also be in the child’s best interests. Common grounds for modification include a parent’s relocation, a significant change in work schedule, evidence of substance abuse, or the child’s changing developmental needs.

The court applies the same best interests analysis when evaluating a modification request.

When to Seek Legal Help

Florida’s 2023 equal time-sharing presumption has changed the landscape for custody disputes in the state. Whether you are filing for the first time or seeking a modification of an existing order, understanding how the presumption applies to your case is critical. If your case involves domestic violence, relocation, or high conflict, working with a Florida family law attorney is strongly recommended.

If you are unsure about your rights or how to proceed, consider scheduling a free consultation to discuss your situation with a qualified professional.