If you’re searching for Florida custody laws, here’s the first thing to know: Florida law doesn’t use the word “custody” anymore. Since 2008, Florida courts talk about parental responsibility (who makes decisions) and time-sharing (when the child is with each parent). This guide explains both in plain language, including the 50/50 presumption that took effect in 2023.
Divorcing or in a paternity case in Florida?
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Take the Florida Parenting Class →Parental Responsibility: Who Makes the Decisions
Parental responsibility covers the major decisions in a child’s life: education, non-emergency health care, religion, and similar issues. Under § 61.13(2)(c), the court shall order shared parental responsibility unless it finds that shared responsibility would be detrimental to the child.
- Shared parental responsibility (the default): both parents keep full parental rights and must confer and agree on major decisions.
- Shared with ultimate decision-making: parents share responsibility, but one parent gets the final say on specific areas, such as education or health care.
- Sole parental responsibility: one parent makes the major decisions. Courts order this only when shared responsibility would harm the child.
Splitting final say by area is also how high-conflict parents set up parallel parenting, with less contact and fewer joint decisions.
Time-Sharing: When the Child Is With Each Parent
Time-sharing is the schedule in your parenting plan. Since July 1, 2023, Florida law contains a rebuttable presumption that equal time-sharing is in the best interests of the child. A parent who wants something other than 50/50 has to prove, by a preponderance of the evidence, that equal time-sharing is not in the child’s best interests.
Is 50/50 Custody the Law in Florida?
Close, but not quite. Equal time-sharing is the starting presumption, not a guarantee. Judges still order unequal schedules when the evidence shows that’s better for the child: for example, when parents live far apart, when one parent has been largely absent, or when there are safety concerns. If both parents agree on a different split, the court will usually approve it as long as it serves the child.
The 20 Best-Interest Factors Florida Judges Use
Section 61.13(3) lists 20 factors the judge must evaluate when creating or modifying a parenting plan. They fall into a few groups:
- Co-parenting behavior: each parent’s willingness to facilitate a close relationship with the other parent, honor the schedule, and communicate; shielding the child from the litigation.
- Track record: how parenting tasks have been divided in the past, each parent’s involvement in school and activities, and their knowledge of the child’s life.
- Stability: how long the child has lived in a stable environment, consistent routines, and the practicality of the schedule given travel time.
- Fitness: each parent’s moral fitness, mental and physical health, and ability to provide a substance-free environment.
- Safety: evidence of domestic violence, child abuse, or neglect, and whether either parent knowingly gave false information to the court.
- The child: the child’s developmental needs, home, school, and community record, and reasonable preference if the child is mature enough.
No single factor decides a case. The judge weighs them together, along with any other factor relevant to the particular family.
Does a Child Get to Choose Which Parent to Live With?
Florida has no age at which a child decides. The child’s reasonable preference is one of the 20 factors, and the judge gives it weight only if the child is old enough and mature enough to express a meaningful preference. Many judges avoid putting children in the middle by limiting direct testimony.
Unmarried Parents and Paternity
When parents aren’t married, the father has no court-enforceable time-sharing rights until paternity is legally established, for example through a paternity action or an acknowledgment of paternity. Until then, Florida law treats the mother as the child’s natural guardian with primary care. Once paternity is established, the same rules apply as in a divorce: a parenting plan, the best-interest factors, and the equal time-sharing presumption.
Relocating With a Child in Florida
Moving at least 50 miles from your principal residence for at least 60 consecutive days is a relocation under § 61.13001. You need either the other parent’s written agreement or the court’s permission before moving with the child. Moving without it can be held against you when the court decides the case.
Required: The Florida Parenting Class
Every parent in a Florida divorce or paternity case involving a minor child must complete a 4-hour Parent Education and Family Stabilization Course from a DCF-approved provider under § 61.21. The petitioner has 45 days from filing; the respondent has 45 days from being served. The judge can delay the final judgment, and in some cases restrict time-sharing, if a parent doesn’t complete it.
Get the required parenting class done today
Petitioners have 45 days from filing and respondents have 45 days from being served. Finish our DCF-approved course online at your own pace and download your court certificate the moment you pass. Full money-back guarantee, no time limit.
Take the Florida Parenting Class →Changing Time-Sharing or Parental Responsibility Later
To modify a parenting plan, you must show a substantial and material change in circumstances and that the change is in the child’s best interests. If the parents live more than 50 miles apart and one moves back within 50 miles, the move may count as a substantial and material change.
Florida Custody Law FAQs
Does Florida use the word custody?
No. Since 2008, Florida law uses “parental responsibility” for decision-making and “time-sharing” for the schedule of when the child is with each parent.
Is Florida a 50/50 custody state?
Since July 1, 2023, Florida law presumes equal time-sharing is in the child’s best interests. The presumption can be rebutted by a preponderance of the evidence, so 50/50 is the starting point, not a guarantee.
How many best-interest factors does Florida use?
Section 61.13(3) lists 20 factors, covering co-parenting behavior, stability, each parent’s fitness, safety concerns, and the child’s needs and reasonable preference.
At what age can a child choose which parent to live with in Florida?
There is no set age. A child’s reasonable preference is one factor the judge considers if the child is mature enough to express one.
Do parents have to take a class in a Florida custody case?
Yes. Both parents in a divorce or paternity case with minor children must complete a 4-hour Parent Education and Family Stabilization Course from a DCF-approved provider under § 61.21.
This article is general education about Florida law, not legal advice. Statutes and court forms change, and every case is different. For advice about your situation, talk to a Florida family law attorney or your local self-help center.