Florida Child Custody Lawyer

Florida Starts With 50/50 Time-Sharing

In 2023, Florida changed its custody law in a big way. The law now says there is “a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” See Fla. Stat. § 61.13(2)(c)1.

In plain terms, a judge starts from 50/50. A parent who wants something different has to prove, with evidence, that equal time is not best for the child. The law calls this proving it “by a preponderance of the evidence,” which means showing it is more likely true than not.

Here is how that plays out. If neither parent has a history of violence, substance abuse, serious crimes, or a recent mental health crisis, the practical starting point is 50/50. But if one parent drove drunk with the child in the car last month, or is in active addiction, a judge may cut that parent’s time and add safeguards, like supervised visits.

Both Parents Usually Share Major Decisions

Florida law says the court “shall order that the parental responsibility for a minor child be shared by both parents” unless sharing it “would be detrimental to the child.” See Fla. Stat. § 61.13(2)(c)2.

Shared parental responsibility means both parents have to agree on big decisions. Think about a non-emergency surgery, like having your 12-year-old’s wisdom teeth removed. Both parents get a say. That’s true even when the parents don’t get along. The court expects you to communicate and cooperate for your child.

Day-to-day choices are different. During your time-sharing, you don’t need the other parent’s permission to take your child to the park, visit relatives, or sign up for a weekend activity.

Sole parental responsibility, where one parent makes all the major decisions, is rare. It usually takes evidence of serious problems, such as substance abuse, domestic violence, or repeated criminal behavior. Even then, the goal is to keep the child safe, not to cut the other parent out forever.

How Judges Decide What Is Best for Your Child

When parents can’t agree, the judge decides using 20 “best interest” factors listed in Fla. Stat. § 61.13(3). Some of the most important are:

• Each parent’s willingness to support the child’s relationship with the other parent
• Which parent has handled the child’s daily needs, like school, meals, and doctor visits
• How long the child has lived in a stable home, and the value of keeping things steady
• Whether the schedule works given where each parent lives and works
• Each parent’s mental and physical health and moral fitness
• Evidence of domestic violence, child abuse, or neglect
• The child’s ties to school, friends, and community
• The child’s preference, if the child is mature enough

Custody cases turn on facts. Two families that look the same on paper can get different results based on how the evidence comes in. That’s why preparing the evidence around these factors matters so much.

Common 50/50 Schedules

There is no single right 50/50 schedule. The best one is the one your child can succeed with. Common options include:

• Week on, week off. Your child spends a full week with each parent. Many families switch on Friday, Sunday, or Monday.
• 2-2-3. Two days with one parent, two with the other, then three with the first. The next week it flips.
• 2-2-5-5. Each parent has the same two weekdays every week, and the parents alternate weekends.

The exchange day matters more than people think. Many families exchange at school, with one parent dropping off and the other picking up. That keeps kids out of tense handoffs. Parents who live far apart may use a long-distance plan instead, with more time during summer and holidays.

Does My Child Get to Choose?

Not really. A mature teenager’s wishes can be one factor, but children don’t decide custody cases, and judges work hard to keep kids out of the fight. In fact, if a judge learns that a parent has been talking to the children about the case, that parent may end up with less time.

What to Do While Your Case Is Pending

What you do in the first few weeks can shape the final result. Here’s what I tell parents:

• Don’t keep the children from the other parent without a court order. Judges view that very negatively, and it can hurt you in the final plan and on attorney’s fees.
• If your child is in real danger, use the court process, such as an injunction for protection under Fla. Stat. § 741.30. Don’t take matters into your own hands.
• Move quickly. In many courts, you can’t get a temporary time-sharing hearing until after mediation, and mediation often waits on financial disclosure. Getting your documents in fast shortens the wait.
• Keep communication in writing. Co-parenting apps like OurFamilyWizard or TalkingParents keep things civil and create a record.
• Never discuss the case with your children.
• Propose a full schedule, covering the school year, holidays, and summer, instead of arguing about percentages.

Judges reward parents who are reasonable. Showing that you can co-parent is one of the best things you can do for your case. If you’re heading into mediation, custody is usually the first issue on the table.

What Goes Into a Florida Parenting Plan

A parenting plan is more than a calendar. Under Florida law, it has to cover:

• How the parents will share daily tasks tied to raising the child
• The time-sharing schedule, including holidays and school breaks
• Who handles health care, school, and activities
• How each parent will communicate with the child
• Where the child will be exchanged between parents

A clear plan prevents fights later. A vague one invites them. If the other parent isn’t following your plan, see our guide to enforcing a parenting plan in Florida.

Changing Custody Later: Modification and Relocation

Parents can agree to small changes on their own. But to change a court-ordered plan without agreement, you need to show “a substantial and material change in circumstances” and that the change is best for the child. See Fla. Stat. § 61.13(3). Learn more about a modification in Florida.

Moving is its own issue. In Florida, a “relocation” means moving at least 50 miles away for at least 60 days in a row. You need the other parent’s written agreement or the court’s approval before you move. See Fla. Stat. § 61.13001. Our article on child custody and relocation in Florida explains the process.

Custody Rights for Unmarried Fathers

If the parents were never married, Florida law treats the mother as the child’s natural guardian until a court says otherwise. See Fla. Stat. § 744.301. An unmarried father usually has to establish paternity through the court before he has enforceable time-sharing rights. Once he does, the same 50/50 presumption applies. Learn more about fathers’ rights in Florida.

Custody and Child Support Go Together

The time-sharing schedule directly affects child support. Florida’s formula gives a parent credit for overnights, so the number of nights your child spends with each parent can change the support amount. See Fla. Stat. § 61.30 and our page on Florida child support.

Why Parents Choose Fairway Law Group

We keep our caseloads small on purpose. When your hearing is tomorrow, your attorney already knows your file. Negotiations, depositions, and court appearances are handled by the attorney on your case, not handed off to someone you met once. We represent parents throughout Florida from our offices in Deerfield Beach and Orlando, and we’re parents ourselves. We know how personal this is.