Child Custody & Time-Sharing

Florida Child Custody Under F.S. 61.13

Florida doesn't use the term “custody” anymore. Instead, F.S. 61.13 governs “parental responsibility” (decision-making) and “time-sharing” (the schedule). Understanding these distinctions is critical to protecting your parental rights.

“It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.”
— F.S. 61.13(2)(c)1.

$195 Deep Dive Consultation

Our Custody Services Include:

Parenting plan development and drafting
Time-sharing schedule creation
Parental responsibility determinations
Custody modifications
Relocation petitions and objections
Emergency custody matters
Parental alienation cases
Interstate custody (UCCJEA) issues

Florida Doesn't Use “Custody” Anymore

Since 2008, Florida eliminated the terms “custody” and “visitation” from family law. Instead, every Florida divorce or paternity case involving children must include a Parenting Plan that addresses both parental responsibility and time-sharing.

Parental Responsibility

Who makes major decisions (education, healthcare, religion)

Time-Sharing

When the child is with each parent (the schedule)

Types of Parental Responsibility

Florida law presumes that shared parental responsibility is in the best interests of the child. Sole parental responsibility requires specific findings of detriment.

Shared Parental Responsibility

Default / Presumed

“The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.”
— F.S. 61.13(2)(c)2.

Both parents participate in major decisions
Must confer and agree on education, healthcare, religion
Day-to-day decisions made by parent with child at the time

Shared with Ultimate Authority

A hybrid arrangement where both parents share responsibility but one parent has “ultimate decision-making authority” on specific issues if they cannot agree.

Parents must still confer in good faith
Tie-breaker only if agreement impossible
Can be split (e.g., one parent for education, other for medical)

Sole Parental Responsibility

Requires Detriment Finding

“The court may order sole parental responsibility... when the court finds that shared parental responsibility would be detrimental to the child.”
— F.S. 61.13(2)(c)2.

One parent makes all major decisions
Usually granted in cases of abuse, neglect, or incapacity
Other parent may still have time-sharing

The 20 “Best Interests” Factors Under F.S. 61.13(3)

When determining parental responsibility and time-sharing, Florida courts must evaluate all relevant factors. The statute lists 20 specific factors the court must consider:

The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required

The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties

The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent

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 paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan

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 to express a preference

The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including the child's friends, teachers, medical care providers, daily activities, and favorite things

The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime

The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child

Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought

Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect

The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation

The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities

The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse

The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child

The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs

Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule

“There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”
— F.S. 61.13(2)(c)1.

Required Parenting Plan Elements

Every parenting plan in Florida must be in writing and, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child.

“The parenting plan must be developed and agreed to by the parents and approved by the court or, if the parents cannot agree, established by the court.”
— F.S. 61.13(2)(b)

Mandatory Provisions:

How parents will share daily tasks of child-rearing
Time-sharing schedule with specific times for overnights
Designation of who will be responsible for healthcare, school-related matters, and other activities
Methods and technologies parents will use to communicate with the child
Transportation arrangements and responsibility for costs

Time-Sharing Schedule Elements

Regular schedule: Weekly/bi-weekly rotation
Holiday schedule: How holidays are divided or alternated
School breaks: Winter, spring, summer vacations
Special days: Birthdays, Mother's/Father's Day
Exchange times: Specific pickup/drop-off times and locations

Child's Preference

Florida has no set age at which a child can “choose” which parent to live with. Factor (i) allows the court to consider the child's preference if the court deems the child “of sufficient intelligence, understanding, and experience.” This is typically considered more heavily for children 12 and older, but it's never the sole determining factor.

Relocation Under F.S. 61.13001

“No relocation shall occur unless the court has entered an order granting the relocation, both parents have signed a written agreement... or the parent seeking relocation has complied with the notice requirement.”
— F.S. 61.13001(3)

“Relocation” means a change in the principal residence of a parent or child at least 50 miles from the current residence and for at least 60 consecutive days (not including temporary absences).

Relocation Notice Requirements:

Must be sent by certified mail, return receipt requested
At least 30 days before the proposed move (60 days is safer)
Include new address, phone, date of move, and reasons
Propose revised time-sharing schedule

Relocation Factors Under F.S. 61.13001(7)

If the other parent objects, the court considers:

The nature, quality, and extent of the child's relationships with both parents
Age and developmental stage of the child
Feasibility of preserving the relationship through modified time-sharing
Child's preference (if appropriate age)
Whether the relocation will enhance the quality of life for both the parent and child
Reasons each parent has for seeking or opposing the relocation

Burden of Proof: The parent seeking relocation has the initial burden, but if the non-relocating parent has equal time-sharing, that parent has the burden to show the move is not in the child's best interest.

Modifying Custody & Time-Sharing

Parenting plans can be modified when circumstances change substantially.

Substantial Change in Circumstances

“The court may modify an order pertaining to parental responsibility or time-sharing, or both... upon a showing of a substantial, material, and unanticipated change in circumstances.”
— F.S. 61.13(2)(c)

To modify, you must show the change was:

Substantial: Significant enough to warrant court intervention
Material: Directly affects the child's well-being
Unanticipated: Not contemplated at time of original order

Common Grounds for Modification

Parent's relocation affecting time-sharing
Child's changing needs due to age or development
Parent's substance abuse or mental health issues
Domestic violence or child abuse concerns
Parental alienation by one parent
Repeated violations of the parenting plan
Significant change in work schedule

Child Custody Services

Flat-fee services for custody and time-sharing matters—know your costs upfront.

Strategy Session

$95

30-minute focused consultation on your custody questions.

Deep Dive Consultation

$195

60-minute comprehensive analysis of your custody situation with written summary.

Parenting Plan Drafting

$695

Draft comprehensive parenting plan covering all required elements.

Modify Parenting Plan

$695

Draft and file petition to modify existing parenting plan.

Relocation Petition

$995

Petition for relocation or object to other parent's relocation.

Contested Starter Package

$1,495

Full representation for contested custody matters.

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Protect Your Relationship With Your Children

Whether you're establishing custody for the first time, modifying an existing plan, or facing a relocation dispute, we provide clear guidance based on Florida law.

$195 Deep Dive Consultation Call (786) 525-7671