Florida Child Custody Laws

Child custody is one of the most emotionally charged aspects of family law. In Florida, the courts prioritize the best interests of the child when making decisions regarding custody. If you’re a parent facing a divorce, having a clear understanding of Florida child custody laws is important for protecting your rights.

Time-Sharing and Parental Responsibility

Florida has moved away from using the terms “custody” and “visitation.” Instead, Florida law uses the terms time-sharing and parental responsibility.

Time-sharing refers to the physical time each parent spends with the child. Parental responsibility refers to the right to make significant decisions regarding the child’s upbringing, including education, healthcare, and religious matters. Parental responsibility can be either shared or sole, depending on the circumstances.

The Best Interests of the Child Standard

The guiding principle in all Florida child custody decisions is the “best interests of the child.”

Courts evaluate multiple factors to evaluate a child’s best interest, including but not limited to:

  • The demonstrated capacity of each parent to facilitate and encourage a close parent-child relationship
  • The anticipated division of parental responsibilities after litigation
  • The moral fitness of the parents.
  • The mental and physical health of the parents
  • The child’s home, school, and community records
  • The preference of the child, if the child is sufficiently mature

No single factor is definitive. Courts take a broad view of each family’s circumstances before arriving at a decision.

Types of Parental Responsibility

Shared parental responsibility is the default under Florida law. Under this arrangement, both parents share decision-making authority and are required to cooperate and communicate with each other.

Sole parental responsibility is granted in cases where shared responsibility would be detrimental to the child’s best interests. Here, one parent has the exclusive right to make major decisions regarding the child. However, courts are reluctant to award sole parental responsibility unless there is evidence of abuse, neglect, or other conduct harmful to the child.

If one parent violates the court-ordered parenting plan, the other parent can seek enforcement through the court. Remedies may include compensatory time-sharing, attorney’s fees, and modifications of the parenting plan, among other things.

Time-Sharing Schedules

Florida encourages both parents to have frequent and continuing contact with their children. The actual time-sharing schedule is typically detailed in a Parenting Plan, which is either agreed upon by the parties or ordered by the court.

Common arrangements include:

  • 50/50 time-sharing, where both parents have equal time with the child
  • Standard time-sharing, which may give one parent primary residence while the other has regular visitation (e.g., every other weekend, alternating holidays)
  • Supervised time-sharing in cases involving abuse, neglect, or substance abuse

The parenting plan must address the child’s daily schedule, holiday arrangements, transportation logistics, and communication between the child and each parent.

If a parent wishes to relocate more than 50 miles from their current residence for at least 60 days, Florida law requires a written agreement from the other parent or a court petition to relocate with a child.

Modifying a Custody Order

Custody arrangements are not necessarily permanent. Florida law allows for modification if there has been a substantial, material, and unanticipated change in circumstances, and the modification would serve the child’s best interests.

Examples include:

  • A parent relocating a significant distance
  • A change in the child’s educational or medical needs
  • Evidence of abuse or neglect

The burden is on the parent seeking the change to prove that the modification is justified.

Contact an Orlando Child Custody Lawyer for Help

Navigating child custody in Florida involves more than just legal procedures. The law is structured to prioritize the child’s stability, emotional well-being, and strong relationships with both parents.

If you’re facing a custody dispute or considering changes to an existing arrangement, you should contact an experienced Orlando child custody attorney at McMichen, Cinami & Demps. Understanding your rights is the first step toward a resolution that prioritizes your goals and your child’s best interests. Call us today at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803