Child Custody Laws in Florida 2026: Complete Guide

Florida uses specific terminology and a comprehensive framework for child custody matters. Instead of "custody," Florida law refers to "parental responsibility" (decision-making rights) and "timesharing" (physical time with the child). Understanding Florida's 20 statutory best interest factors and detailed parenting plan requirements is essential for parents navigating divorce or custody disputes.

Florida Child Custody Terminology

Florida Statutes Chapter 61 uses specific legal terms:

Types of Parental Responsibility

Shared Parental Responsibility (Most Common)

Florida's strong preference (F.S. § 61.13(2)(c)(1)) - Both parents share decision-making about:

• Education: School choice, special education services, tutoring
• Healthcare: Non-emergency medical/dental treatment, therapy, medications
• Religion: Religious upbringing and practices
• Extracurricular Activities: Sports, music, camps, clubs

How It Works:

• Parents must consult and agree on major decisions
• If disagreement, may require mediation or court intervention
• Each parent has full authority during their timesharing for day-to-day decisions
• Either parent can consent to emergency medical treatment

Shared Parental Responsibility with Ultimate Decision-Making Authority

Both parents share responsibility BUT one parent has final decision-making authority in specific areas:

• Parents consult, but designated parent makes final decision if they can't agree
• Authority can be divided (one parent for education, other for healthcare)
• Court must specify which areas each parent controls

Sole Parental Responsibility (Rare)

One parent has exclusive decision-making authority. Only ordered when shared responsibility would be detrimental to the child.

When Awarded: Court must make specific findings that shared responsibility would be detrimental because:

• Evidence of domestic violence (F.S. § 61.13(2)(c)(2))
• Evidence of child abuse, abandonment, or neglect
• Parent has engaged in parental kidnapping
• Substance abuse affecting parenting
• Parent unwilling or unable to participate in parenting

Parenting Plan Requirements

Every Florida case involving children MUST have a Parenting Plan (F.S. § 61.13(2)(b)).

Required Elements (F.S. § 61.13(2)(b))

1. Timesharing Schedule: Specific schedule including:
   • Regular school year schedule
   • Summer schedule
   • Holiday schedule
   • School breaks and special days
   • Transportation arrangements and costs
2. Decision-Making: Who makes decisions about education, healthcare, religion, extracurriculars
3. Healthcare Information Sharing: How parents exchange medical information
4. School Information Access: How both parents access school records and activities
5. Communication: How child will communicate with each parent when with the other
6. Dispute Resolution: Method for resolving disputes (usually mediation)

Supreme Court Forms

Florida Supreme Court provides standardized forms:

• Form 12.995(a): Parenting Plan
• Form 12.995(b): Safety-Focused Parenting Plan (for domestic violence cases)
• Form 12.995(c): Relocation/Long Distance Parenting Plan

Timesharing Schedules

Equal vs. Majority Timesharing

Florida law does NOT require or prefer 50/50 timesharing. Courts focus on best interest factors.

Common Timesharing Arrangements:

50/50 Equal Timesharing

• Week on/Week off: Alternating weeks
• 2-2-3 Schedule: Mon-Tue with Parent A, Wed-Thu with Parent B, alternate Fri-Sun
• 2-2-5-5 Schedule: Two days, two days, then 5-day blocks alternate weekly

Majority Timesharing with One Parent

• Every Other Weekend: Parent B has Friday-Sunday every other weekend
• Extended Weekend: Thursday after school to Monday morning every other week
• Weeknight Dinner Visit: One midweek dinner/overnight per week

Factors Affecting Timesharing Schedule

• Distance between parents' homes
• Child's age and needs
• Parents' work schedules
• School location and activities
• Child's preference (if mature enough)
• Each parent's involvement prior to separation

Florida's 20 Best Interest Factors

F.S. § 61.13(3) requires courts to consider ALL of the following factors:

1. Love, affection, and emotional ties between parent and child
2. Capacity and disposition of each parent to provide food, clothing, medical care, remedial care, and material needs
3. Length of time child has lived in stable, satisfactory environment
4. Permanence of existing or proposed custodial home
5. Moral fitness of the parents
6. Mental and physical health of the parents
7. Home, school, and community record of the child
8. Reasonable preference of the child (if mature enough to express preference)
9. Willingness of each parent to facilitate and encourage relationship with other parent
10. Evidence of domestic violence, child abuse, abandonment, or neglect
11. Evidence that either parent has knowingly provided false information to the court
12. Developmental stages and needs of the child
13. Capacity of each parent to participate in child's life
14. Responsibilities each parent has undertaken in the past
15. Geographic viability of parenting plan
16. Capacity and disposition to facilitate timesharing
17. Evidence of substance abuse by either parent
18. Capacity to maintain environment free from substance abuse
19. Capacity of each parent to protect child from ongoing litigation
20. Any other factor relevant to best interest of child

Child's Preference

Florida law on child preference (F.S. § 61.13(3)(h)):

• No Specific Age Requirement: Florida has no magic age (like "12 years old")
• Maturity Test: Court considers if child is sufficiently intelligent, understanding, and experienced
• Not Controlling: Child's preference is just ONE factor, not determinative
• Interview Method: Judge may interview child in chambers (not open court)
• Preference Reasons: Court examines WHY child has preference (undue influence?)

Relocation with Children

Florida has strict relocation requirements (F.S. § 61.13001).

What Constitutes "Relocation"

A change in principal residence to a location that is at least 50 miles from the current residence for at least 60 consecutive days.

Relocation Procedure

Option 1: Written Agreement

• Both parents sign written agreement allowing relocation
• File agreement with court (becomes part of parenting plan)
• Must address revised timesharing schedule

Option 2: Petition for Relocation

• File Petition for Relocation (must use specific statutory form)
• Serve other parent (who has 20 days to object)
• If no objection: Court may approve without hearing
• If objection filed: Evidentiary hearing required

Relocation Factors (F.S. § 61.13001(7))

If contested, court considers:

1. Agreement between parents
2. Child's relationship with each parent
3. Child's age, needs, and developmental stage
4. Feasibility of preserving relationship with non-relocating parent
5. Child's preference (if mature enough)
6. Reasons for relocation
7. Reasons for opposing relocation
8. Whether relocation will enhance quality of life for child and relocating parent
9. Extent to which visitation/timesharing can be substituted with virtual contact
10. Any other relevant factor

Temporary Relocation

• Under 60 days: Not relocation (doesn't require petition)
• Military deployment: Special provisions apply
• Emergency: Must still notify other parent, may petition court after

Modifying Parenting Plans

Standard for Modification

To modify parental responsibility or timesharing (F.S. § 61.13(3)):

• Substantial change in circumstances that is material, involuntary, and permanent, AND
• Modification is in best interest of child

Substantial Change Examples

• Relocation by parent
• Remarriage creating unsafe environment
• Parent's substance abuse or criminal activity
• Change in child's needs (special education, medical)
• Parent repeatedly violating parenting plan
• Child's strong preference (if teenager)

NOT Substantial Changes

• Change in parent's financial situation alone
• New romantic partner (unless affecting child)
• Minor violations of schedule
• Parent's hurt feelings or dissatisfaction

Enforcing Parenting Plans

If Other Parent Violates Plan

File Motion for Contempt and/or Enforcement (F.S. § 61.13(4)(d)):

• Make-Up Timesharing: Compensate for denied time
• Modification: Change timesharing schedule
• Attorney's Fees: Violating parent pays your attorney fees
• Contempt: Fines or jail time for repeated violations
• Parenting Course: Violating parent required to take parenting course

Parental Kidnapping

Florida Statute 787.03 makes it a felony to:

• Maliciously take, detain, or conceal a child from parent with custody rights
• Keep child beyond timesharing period with intent to deprive other parent
• Take child out of state without consent (if prohibited by order)

Domestic Violence Considerations

Florida law strongly addresses domestic violence in custody cases (F.S. § 61.13(2)(c)(2)):

Impact on Parenting Plan

• Rebuttable presumption: Shared parental responsibility is detrimental if domestic violence
• Safety-focused plan required: Use Form 12.995(b)
• Supervised timesharing: May be ordered
• Exchange location: Public place or supervised center
• No contact provisions: Communication only through third party or email

Domestic Violence Finding Required

Court must find that domestic violence occurred by evidence such as:

• Domestic violence injunction (restraining order)
• Criminal domestic violence conviction
• Medical records showing injuries
• Police reports
• Witness testimony

Child Support Connection

Timesharing and child support are related but separate:

• Florida uses income shares model (considers both parents' income)
• Timesharing percentage affects child support calculation
• More than 20% timesharing reduces child support obligation
• 40% or more timesharing: May substantially reduce or eliminate support
• Cannot withhold timesharing for unpaid support
• Cannot refuse child support due to denied timesharing

Parenting Coordinators

Florida allows appointment of Parenting Coordinators (F.S. § 61.125):

What They Do

• Help high-conflict parents implement parenting plan
• Make decisions about day-to-day issues
• Assist with communication
• Reduce need for court intervention

Requirements

• Both parents must agree OR court orders after finding it's in best interest
• Must be mental health professional or attorney with specific training
• Parents typically share cost ($100-$200/hour)
• Decisions are binding unless modified by court

Grandparent Rights in Florida

Florida has very limited grandparent rights (F.S. § 752.011):

When Grandparents Can Seek Visitation

• Only if: Both parents are deceased, missing, or in persistent vegetative state
• OR: One parent deceased and other parent convicted of felony OR domestic violence

Important: Florida law strongly presumes that fit parents act in child's best interest. Grandparents cannot override parental decisions except in very limited circumstances.

Virtual Timesharing

Florida recognizes virtual timesharing (F.S. § 61.13(2)(d)):

• Video calls, phone calls, email, text messaging, instant messaging
• Should be specified in parenting plan
• Cannot substitute for physical timesharing (unless extreme distance)
• Particularly useful for long-distance parenting or deployed military

Frequently Asked Questions

Does Florida favor mothers in custody cases?

No. Florida law prohibits gender-based preferences. Courts must apply the 20 best interest factors equally to both parents. Historically, mothers were favored, but modern Florida law requires gender-neutral analysis based solely on best interest of the child.

What is the difference between shared parental responsibility and equal timesharing?

Shared parental responsibility means both parents make major decisions together (education, healthcare, religion). Equal timesharing means the child spends 50% time with each parent. You can have shared parental responsibility WITHOUT equal timesharing - these are separate concepts that can be combined differently.

Can I move out of state with my child in Florida?

Only if you get written agreement from the other parent OR court approval. Moving 50+ miles for 60+ consecutive days is "relocation" requiring a formal petition. Florida has strict relocation laws - you must comply with F.S. § 61.13001 or risk losing parental rights.

How much does a custody case cost in Florida?

Uncontested cases with agreement: $1,500-$5,000 in attorney fees. Contested custody cases: $5,000-$30,000+ depending on complexity, expert witnesses, and trial length. Mediation is typically required ($150-$400 per session). Guardian ad Litem may be appointed ($1,500-$5,000+).

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

Florida has no specific age. A child cannot "decide" until age 18 (adult). However, courts consider the reasonable preference of a child if the child is sufficiently mature, intelligent, and experienced to express a preference. This is typically teenagers 14+, but it's just one factor among 20, not controlling.

What if my ex won't follow the parenting plan?

Keep detailed records of violations (dates, times, communications, witnesses). File a Motion for Contempt and Enforcement. The court can order make-up timesharing, attorney's fees, modification of the parenting plan, parenting courses, or in extreme cases, jail time for contempt.