Florida's Custody
Terminology
Florida does not use the terms “custody” or “visitation” in its statutes. Understanding Florida's actual legal terminology is important because it reflects the state's philosophy that both parents have an equal role in their children's lives.
| Common Term | Florida Legal Term | What It Means |
|---|---|---|
| Custody | Time-Sharing | The physical schedule of when each parent has the child |
| Visitation | Time-Sharing | Florida eliminates the distinction between “primary” parent and “visiting” parent |
| Legal Custody | Parental Responsibility | Who makes major decisions for the child |
| Sole Custody | Sole Parental Responsibility | One parent makes all major decisions |
| Joint Custody | Shared Parental Responsibility | Both parents share major decision-making |
| Custody Agreement | Parenting Plan | The court-approved document governing all child-related arrangements |
This terminology matters in court filings, communications with the court, and in the parenting plan itself. Using the correct language demonstrates familiarity with Florida law and avoids unnecessary confusion.
The 2023 Equal
Time-Sharing Presumption
Florida HB 1301, effective July 1, 2023, created the most significant change in Florida child custody law in decades: a rebuttable presumption that equal (50/50) time-sharing is in the best interest of the child.
Before HB 1301, Florida courts considered equal time-sharing as one option among many — there was no presumption in its favor. Now, courts start with equal time-sharing and will only depart from it when presented with specific evidence that equal sharing is not appropriate for the particular child involved.
What “Rebuttable Presumption” Means
A rebuttable presumption means the court assumes equal time-sharing is correct unless someone presents sufficient evidence to overcome that assumption. Either parent may present evidence to rebut the presumption — but the party seeking to deviate from 50/50 bears the burden of proving why a different arrangement better serves the child's best interest.
The 20 Best Interest
Factors
Florida Statute §61.13 lists 20 factors courts must evaluate in determining time-sharing. The court will make specific written findings on relevant factors. Understanding these factors helps parents understand what evidence matters most in a custody case.
Parenting Plans
What They Must Cover
Every Florida case involving minor children must result in a court-approved parenting plan. The parenting plan governs every aspect of the parents' responsibilities and the child's schedule. A well-drafted parenting plan prevents future disputes by addressing practical realities in advance.
Required Elements
Parental Responsibility
Shared vs. Sole
Parental responsibility is separate from time-sharing. It refers to who has the authority to make major decisions about the child's life — medical treatment, school selection, religious upbringing, and extracurricular activities.
Florida strongly prefers shared parental responsibility — both parents sharing major decision-making — and courts will only award sole parental responsibility when shared responsibility would be detrimental to the child. Shared parental responsibility does not mean equal time-sharing; parents can share decision-making authority even with unequal physical time.
When Sole Parental Responsibility Is Appropriate
Florida Statute §61.13 allows the court to order sole parental responsibility when shared parental responsibility would be detrimental to the child. Grounds typically include a history of domestic violence, documented child abuse, severe and persistent conflict between the parents that directly affects the child, or a parent's significant mental health, substance abuse, or similar issues that impair their decision-making capacity.
Relocation
When a Parent Wants to Move
Relocation — when a parent wants to move more than 50 miles from their current residence — is one of the most contentious issues in Florida family law. Florida Statute §61.13001 governs relocation and creates specific requirements that must be followed.
Notice Requirements
A parent seeking to relocate must provide a written notice to the other parent at least 60 days before the intended relocation. The notice must include the intended new address, the intended moving date, the reasons for the relocation, and a proposed revised parenting plan and time-sharing schedule. The other parent has 20 days to object in writing.
Relocation Factors
If the other parent objects, the court holds a hearing and evaluates factors including the reasons for the move, the reasons for the objection, the history of the parents' compliance with time-sharing, whether the move improves the child's quality of life, the impact on the non-relocating parent's time-sharing, and whether the relocation can be accommodated with a modified time-sharing schedule that preserves the relationship with both parents.
Modifying a
Custody Order
Once a Florida parenting plan and time-sharing order is entered, it can be modified — but only upon meeting the legal standard for modification under Florida Statute §61.13.
The Modification Standard
To modify a custody order in Florida, the requesting parent must show:
Common Grounds for Modification
Protecting Children
Domestic Violence & Abuse
When domestic violence or child abuse is a factor in a custody case, Florida law provides specific protections. These cases require immediate action and experienced legal representation.
Domestic Violence Injunctions
A victim of domestic violence (or on behalf of a minor child victim) may petition for a domestic violence injunction under Florida Statute §741.30. An injunction can be entered on an emergency basis — within 24 hours in appropriate cases — and can include provisions prohibiting contact, requiring the respondent to vacate the shared home, and temporary time-sharing restrictions.
Impact on Custody
Evidence of domestic violence is one of the 20 statutory best interest factors in Florida. Florida Statute §61.13(2)(c) states that the court shall consider evidence of domestic violence “as evidence of detriment to the child.” A parent with a history of domestic violence faces significant headwinds in seeking equal or primary time-sharing.