What Is a “Custodial Parent?”

Child custody is one of the most important legal issues parents must resolve in a divorce. A key term that often arises in custody cases is “custodial parent.” Understanding what it means and how it affects parenting rights and responsibilities in Florida is important for any parent navigating a custody dispute or creating a parenting plan. An Orlando family law attorney can help.

What Is a Custodial Parent?

The custodial parent is traditionally the person with whom your child primarily lives. This person typically has the most responsibility for caring for your child’s day-to-day needs, and they may also be the parent who receives child support from the other, depending on the division of time and income. 

However, it is important to recognize that Florida law no longer uses “custodial parent” or “non-custodial parent.” Rather, Florida laws use the concept of “parental responsibility” and “time-sharing,” which will be outlined in a parenting plan. 

Parental Responsibility and Time-Sharing in Florida

It is helpful to distinguish between legal and physical custody, or parental responsibility and time-sharing, as they are called in Florida. 

There are some differences: 

  •  Legal custody, or parental responsibility in Florida, refers to having the authority to make significant decisions about your child’s life, including their education, healthcare, and religious upbringing.
  • Physical custody, or time-sharing in Florida, refers to where your child lives and how much time they spend with you and the other parent.

Understanding parental responsibility and time-sharing is essential for developing a fair and effective parenting plan that serves your child’s best interests.

How Florida Courts Determine Parenting Plans

Florida courts must approve a parenting plan detailing parental responsibility and time-sharing schedules under Florida Statutes §61.13. The court’s primary concern is always the best interests of your child. 

The court may consider several factors, including:

  • Your ability to provide a stable and loving environment for your child
  • Your child’s relationship with each parent
  • The physical and mental health of the parents
  • Your child’s preferences 
  • Each parent’s willingness to encourage a relationship between the child and the other parent
  • Each parent’s involvement in the child’s education, health care, and extracurricular activities

A court will impose a parenting plan if parents cannot agree on one. The plan will identify how responsibilities and time-sharing are divided and who is considered the “primary residential parent,” even if that phrase is not used explicitly.

What About Joint Child Custody in Florida?

Florida favors shared parental responsibility, meaning both parents are encouraged to stay actively involved in their child’s life. There may be no clear “custodial parent” when there is equal time-sharing because your child will split their time equally between two homes. 

However, even in shared arrangements, one parent may still be considered primarily for specific purposes, such as determining your child’s school zone or filing for certain government benefits. These decisions are typically clarified in the parenting plan. 

Can Custody Arrangements Be Modified in Florida?

Yes. Child custody arrangements in Florida may be modified if there has been a substantial and material change in circumstances. Either parent must petition the court to modify the existing parenting plan or time-sharing schedule. 

For example, a parent’s relocation, job loss, or evidence of being unfit could warrant a change. The court will again assess whether the proposed modification is in the child’s best interest before approving any changes.

Have Questions About Child Custody in Florida? Consult An Orlando Family Law Lawyer 

If you or a loved one is dealing with a custody issue, it is important to understand the rights and obligations associated with being a custodial parent in Florida. An experienced Orlando child custody lawyer can help you navigate custody negotiations, draft a parenting plan, and advocate for your parental rights in or out of court. 

Whether you are seeking majority time-sharing or need help modifying an existing arrangement, working with an attorney can help you protect your child’s best interests. Schedule a consultation today.

Contact Our Experienced Family Law Firm in Orlando, FL

If you have questions about your rights in a non-marital relationship or need help creating a cohabitation agreement, contact the experienced Orlando family law attorneys at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

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