Child Custody & Time-Sharing in Florida

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated August 6, 2026

Florida law no longer uses the term “custody.” Cases involving children are decided through parental responsibility (decision-making) and time-sharing (the schedule of when the child is with each parent), with the best interests of the child as the controlling standard. Pazos Law Group represents parents throughout Miami-Dade County in time-sharing and parental responsibility cases.

Florida law no longer uses the term “custody.” Under Fla. Stat. § 61.13, courts decide parental responsibility (decision-making) and time-sharing (the schedule) in accordance with the best interests of the child. Two statutory rules drive most outcomes: the rebuttable presumption of equal time-sharing in § 61.13(2)(c)1., effective July 1, 2023, and the 20 best-interests factors in § 61.13(3).

Does Florida presume 50/50 custody? (§ 61.13(2)(c)1.)

Yes. Since July 1, 2023, § 61.13(2)(c)1. provides that “[u]nless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” The same subparagraph sets the burden: “[t]o rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child.”

Three practical consequences follow. First, the starting point is 50/50 — a parent seeking a majority schedule carries the burden, not the parent asking for equal time. Second, § 61.13(2)(c)1. requires that, except where the parties agree on a schedule the court approves, the court “must evaluate all of the factors set forth in subsection (3) and make specific written findings of fact when creating or modifying a time-sharing schedule.” Third, the presumption is about time-sharing only; shared parental responsibility is governed separately by § 61.13(2)(c)2. Full statutory detail is on our page for Fla. Stat. § 61.13, time-sharing and parenting plans.

What is the difference between parental responsibility and time-sharing?

Parental responsibility is decision-making authority over major issues — education, religion, health care, extracurriculars. Under § 61.13(2)(c)2. 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,” and in assessing detriment it must consider evidence of domestic violence as defined in § 741.28, imminent danger of domestic or sexual violence, and abuse, abandonment, or neglect as defined in § 39.01. Under § 61.13(2)(c)3., a first-degree-misdemeanor-or-higher domestic violence conviction creates a rebuttable presumption that shared parental responsibility is detrimental.

Time-sharing is the physical schedule. It is set under the equal-time-sharing presumption in § 61.13(2)(c)1. and the factors in § 61.13(3). The two are independent: parents can share responsibility on an unequal schedule, or hold unequal decision-making on an equal schedule. Either parent’s access to the child’s medical, dental, and school records is protected by § 61.13(2)(c)7. unless a court order specifically revokes it.

What are the 20 best-interests factors? (§ 61.13(3))

§ 61.13(3) lists factors (a) through (t) and directs that “the best interests of the child must be the primary consideration,” determined “by evaluating all of the factors affecting the welfare and interests of the particular minor child.” They include:

• § 61.13(3)(a) — each parent’s demonstrated capacity to facilitate a close and continuing relationship with the other parent and to honor the schedule.
• § 61.13(3)(c) — capacity to act on the needs of the child rather than the needs or desires of the parent.
• § 61.13(3)(d) — length of time the child has lived in a stable, satisfactory environment.
• § 61.13(3)(e) — geographic viability of the plan; expressly no presumption for or against relocation.
• § 61.13(3)(g)–(h) — mental and physical health of the parents; the child’s home, school, and community record.
• § 61.13(3)(i) — the reasonable preference of the child, if of sufficient intelligence, understanding, and experience.
• § 61.13(3)(m)–(n) — evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect, and evidence that a parent knowingly gave the court false information about such an action.
• § 61.13(3)(q) — capacity to maintain an environment free from substance abuse.
• § 61.13(3)(r) — keeping the child out of the litigation, including refraining from disparaging comments about the other parent.
• § 61.13(3)(t) — any other relevant factor.

No single factor is dispositive, and the trial court must make specific findings on the applicable factors; failure to do so is reversible error. See, e.g., Schwieterman v. Schwieterman, 114 So. 3d 984 (Fla. 5th DCA 2012); Vaughan v. Vaughan, 173 So. 3d 1136 (Fla. 1st DCA 2015).

What must a Florida parenting plan contain? (§ 61.13(2)(b))

Every case involving time-sharing requires a written parenting plan. § 61.13(2)(b) sets the statutory minimum: it must describe in adequate detail how the parents will share the daily tasks of raising the child; include the time-sharing schedule specifying the time the child spends with each parent; designate who is responsible for health care, for school-related matters including the address used for school-boundary determination and registration, and for other activities; describe the methods and technologies the parents will use to communicate with the child; and, unless both parents agree otherwise in writing, designate authorized exchange locations. Where the court finds a risk or imminent threat of harm during exchanges, § 61.13(2)(b)5. allows it to require a neutral safe exchange location under § 125.01(8) or a supervised visitation program as defined in § 753.01.

When can a parenting plan be modified? (§ 61.13(3))

Under § 61.13(3), a determination of parental responsibility, a parenting plan, or a time-sharing schedule “may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.” Before the 2023 amendments the controlling standard, under Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005), also required the change to be unanticipated; the current statutory text does not carry that element. § 61.13(3) also provides that where parents lived more than 50 miles apart when the last time-sharing order was entered and one parent then moves within 50 miles of the other, that move may itself be a substantial and material change. Venue for modification is addressed by § 61.13(2)(d).

What happens if a parent violates the time-sharing schedule? (§ 61.13(4))

§ 61.13(4)(a)–(b) decouples money from time: a parent owed unpaid support may not withhold time-sharing, and a parent whose time-sharing was violated must keep paying support. Where a parent refuses to honor the schedule without proper cause, § 61.13(4)(c)1. requires the court to award sufficient makeup time-sharing, and § 61.13(4)(c)2.–7. permits reasonable costs and attorney’s fees, a court-approved parenting course, community service, shifting the travel burden where the parents live more than 60 miles apart, modification of the plan, and any other reasonable sanction. § 61.13(4)(d) adds contempt.

What does § 61.13001 require before moving with a child?

Under Fla. Stat. § 61.13001, relocation means a change of principal residence of at least 50 miles from the residence at the time of the last order, for at least 60 consecutive days. It requires either the other parent’s written consent, ratified by the court, or a petition to relocate. Relocation is not itself a best-interests factor for or against a schedule: § 61.13(3)(e) states that the geographic-viability factor “does not create a presumption for or against relocation of either parent with a child.”

How do unmarried fathers get time-sharing in Florida?

Until paternity is established, § 744.301(1) provides that the mother of a child born out of wedlock is the natural guardian and “is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.” The same subsection recognizes a father as a natural guardian once he has established paternity under § 742.011 or § 742.10. Once paternity is established, the child’s time-sharing and parental responsibility are decided under § 61.13 on the same terms as in a dissolution, including the equal time-sharing presumption in § 61.13(2)(c)1. See our Florida father’s rights page.

Is mediation required before a custody hearing in Miami-Dade?

In most contested family cases involving children, yes. Fla. Stat. § 61.183(1), titled “Mediation of certain contested issues,” allows the court to refer parties to mediation where parental responsibility, access, visitation, or child support is contested, and § 44.102 governs court-ordered mediation generally; the 11th Judicial Circuit orders it by administrative order in most contested family matters. What is said there stays there: § 44.405 makes mediation communications confidential and privileged, subject to the statutory exceptions, and § 61.183(3) exempts the mediator’s file and notes from public-records disclosure under § 119.07(1). Under § 61.183(2), an agreement is written up as a consent order and, once approved and entered, is enforceable like any other court order.

How does the time-sharing schedule affect child support? (§ 61.30)

Child support is set by the guidelines in Fla. Stat. § 61.30, and the number of overnights feeds directly into the calculation: § 61.30(11)(b) requires a gross-up adjustment (multiply each parent’s obligation by 1.5, then apportion by overnights) whenever each child spends a substantial amount of time with each parent, which § 61.30(11)(b)8. defines as “time-sharing at least 20 percent of the overnights of the year”. Equal time-sharing does not zero out support — § 61.13(5) states that “[a]n order for equal time-sharing for a minor child does not preclude the court from entering an order for child support of the child.” Health insurance for the child must be addressed in every support order under § 61.13(1)(b).

Frequently Asked Questions

Try the Florida Child Support Calculator

Use our free Florida Child Support Calculator to estimate the monthly obligation under Fla. Stat. § 61.30, including the substantial time-sharing gross-up at 20%+ overnights.

Co-Parenting Apps for Florida Custody Cases

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Pazos Law Group represents clients in family law matters throughout South Florida and across the state — learn more about working with a Miami divorce attorney or our statewide Florida divorce attorney practice.

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The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.