Florida Child Custody and Time-Sharing Explained

Florida no longer uses the words "custody" and "visitation". Parents share "parental responsibility" for major decisions unless that would harm the child, and a "time-sharing schedule" in a parenting plan sets when the child is with each parent. Since July 1, 2023 a judge must start from the presumption that equal time-sharing is best for the child; a parent who wants something different must prove it by a preponderance of the evidence. The judge weighs 20 best-interest factors and must explain the decision in written findings. This guide explains how time-sharing is decided, changed and enforced, and the 50-mile relocation rule.

This guide is general information, not legal advice. Every family is different; speak to a Florida family lawyer about your children.

The short version

• Shared parental responsibility is the default: both parents make major decisions together unless a court finds that would be detrimental (s. 61.13(2)(c)2).
• Equal time-sharing is presumed since July 1, 2023 (s. 61.13(2)(c)1; chapter 2023-301).
• 20 factors guide the decision, from each parent's involvement to the child's reasonable preference (s. 61.13(3)).
• Changing a plan needs a substantial and material change in circumstances; it no longer has to be unanticipated.
• Moving 50 miles or more for 60 days or more needs the other parent's written agreement or a court order (s. 61.13001).
• Every parenting plan must cover the schedule, decision-making, school address and how parents communicate with the child.

Key facts at a glance

What does "equal time-sharing is presumed" mean?

The judge must begin from a 50/50 schedule; a parent who wants another schedule has to prove, by a preponderance of the evidence, that equal time-sharing is not in the child's best interests. The presumption was added by chapter 2023-301, Laws of Florida, effective July 1, 2023. It does not apply when the parents agree on a different schedule and the court approves it, which is how most cases end.

A judge who sets or changes a time-sharing schedule without the parents' agreement must evaluate all the statutory factors and make specific written findings of fact, so you will know why the schedule was chosen.

What does the court consider?

The best interests of the child, measured by 20 factors in section 61.13(3); no single factor decides a case. In summary, the factors look at:

What is shared parental responsibility?

Both parents keep full parental rights and must confer and agree on major decisions about the child, such as health care, schooling and religion. A court orders it unless it would be detrimental to the child; evidence of domestic violence or child abuse counts as evidence of detriment, with or without a conviction. The court can also give one parent ultimate authority over one area, such as education, while responsibility stays shared otherwise. Sole parental responsibility is ordered only to protect the child.

What goes into a parenting plan?

Every parenting plan must describe the time-sharing schedule, who handles health care, school matters and other activities, the school-boundary address, and how parents will communicate with the child. Parents can draft it together, often in mediation; the Florida Courts publish standard parenting plan forms. Common equal schedules include alternating weeks and 2-2-3 rotations; holidays, school breaks and transportation should be written out to avoid later disputes.

Can a time-sharing schedule be changed later?

Yes, if a parent proves a substantial and material change in circumstances and that the change to the plan is in the child's best interests. Since the 2023 amendment the change no longer has to be one the parents could not foresee. When a parent refuses to honor the schedule without proper cause, the court must award make-up time-sharing and can order that parent to pay attorney fees, take a parenting course or do community service, and repeated violations can support a change of the plan (s. 61.13(4)(c)).

Can I move away with my child?

Not without the other parent's written agreement or a court order, if the move is at least 50 miles from your current home and lasts 60 consecutive days or more (s. 61.13001).

1. By agreement: both parents sign a written agreement that consents to the move and sets the new schedule and transportation; the court can ratify it without a hearing.
2. By petition: otherwise, the parent who wants to move files a sworn petition with the new address, the date, the reasons and a proposed schedule.
3. 20 days to object: the other parent must file a sworn objection within 20 days of service; if they do not, the move is presumed to be in the child's best interest.
4. Burden of proof: the moving parent must show the move is in the child's best interest; if they do, the other parent must show it is not (s. 61.13001(8)).

Moving without following this process can be held against you and can lead to an order to return the child.

How does time-sharing affect child support?

Florida's guidelines adjust support when each parent has the child for at least 20% of overnights a year, which is 73 nights. Below that threshold the standard calculation applies; above it, the support formula accounts for both households' costs (s. 61.30(11)(b)). See how a Florida divorce works for the full support and parenting-course rules.

Do unmarried parents have the same rights?

Yes, once legal paternity is established; until then, an unmarried father has no court-ordered time-sharing. Paternity can be established by a signed acknowledgment, a court order or genetic testing, and then the same time-sharing and support rules apply as in a divorce.

How do I choose a custody lawyer?

Choose a family lawyer who regularly handles time-sharing cases in your county and can explain how local judges apply the 2023 presumption. The Florida Bar certifies lawyers in marital and family law after peer review and an exam. Compare family lawyers in our rankings for Miami, Coral Gables, Fort Lauderdale, Tampa and Jacksonville. Before you hire, read the questions to ask a lawyer.

Checklist for parents

1. Keep a calendar of who has had the children each night, starting now.
2. Write down your involvement: school meetings, doctor visits, activities.
3. Communicate with the other parent in writing and keep it civil; judges read those messages.
4. Do not move the children 50 miles or more without written agreement or a court order.
5. Complete the parenting course early in the case.
6. Draft a proposed schedule that works with both parents' jobs and the children's school.

Frequently asked questions

At what age can a child choose which parent to live with in Florida?

There is no set age. The court considers the child's reasonable preference if it finds the child mature enough to express one, as one of the 20 factors.

Is 50/50 custody automatic in Florida?

Not automatic, but presumed: the judge starts from equal time-sharing, and a parent can rebut that by proving by a preponderance of the evidence that equal time is not in the child's best interests.

Does Florida favor mothers in custody cases?

No. The law is gender-neutral: both parents start with the same presumption of equal time-sharing and shared parental responsibility.

What happens if the other parent ignores the schedule?

The court can order make-up time-sharing, payment of your attorney fees, a parenting course or community service, and repeated violations can support a change of the plan.

Can grandparents get time-sharing in Florida?

Only in narrow circumstances set by statute; Florida generally does not grant grandparents visitation over fit parents' objection.

Do we have to go to court if we agree?

The court still has to approve the parenting plan, but if you agree, approval usually happens without a contested hearing.

Sources

• Florida Statutes, section 61.13 (parenting plans, parental responsibility and time-sharing)
• Florida Statutes, section 61.13001 (parental relocation with a child)
• Florida Statutes, section 61.30 (child support guidelines)
• Florida Statutes, section 61.21 (parenting course)
• Chapter 2023-301, Laws of Florida (equal time-sharing presumption)
• Florida Courts: family law forms, including parenting plans