Child Custody & Time-Sharing in Florida
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.” Following Fla. Stat. § 61.13, courts decide cases involving children using the concepts of parental responsibility and time-sharing. The change reflects the goal that both parents remain meaningfully involved in their children’s lives whenever possible. Pazos Law Group represents parents in time-sharing and parental responsibility matters across Miami-Dade County.
Florida’s Modern Terminology
Parental responsibility refers to decision-making authority over major issues like education, religion, healthcare, and extracurricular activities. Florida courts presume that shared parental responsibility is in the child’s best interest, unless evidence shows that shared decision-making would harm the child.
Time-sharing refers to the schedule of when the child is with each parent. There is no statutory presumption of equal time-sharing in Florida; the court designs a schedule based on the child’s best interests under the factors in Fla. Stat. § 61.13(3).
The Best Interests Standard
Under Fla. Stat. § 61.13(3), Florida courts consider 20 statutory factors, including:
- The demonstrated capacity of each parent to facilitate a close relationship between the child and the other parent.
- The division of parental responsibilities historically and after the litigation begins.
- The capacity to determine, consider, and act on the needs of the child as opposed to the needs or desires of the parent.
- The mental and physical health of the parents.
- The home, school, and community record of the child.
- The reasonable preference of the child, if of sufficient intelligence, understanding, and experience.
- Evidence of domestic violence, child abuse, or substance abuse.
Parenting Plans
Florida requires every divorce or paternity case involving children to include a written parenting plan. The plan must address parental responsibility, time-sharing schedules (including holidays and school breaks), how parents will share information about the child’s health and education, and methods of communication. Parents may agree to a plan; if they cannot agree, the court will impose one based on the best interests of the child.
Modifying an Existing Parenting Plan
Florida law allows modification of a parenting plan or time-sharing schedule when there has been a substantial, material, and unanticipated change in circumstances and when modification serves the best interests of the child. Common bases for modification include relocation, changes in a parent’s work schedule, the child’s changing developmental needs, or significant concerns about a parent’s ability to care for the child.
Relocation Cases
Under Fla. Stat. § 61.13001, a parent who wishes to relocate more than 50 miles from their principal residence for at least 60 days must either obtain the other parent’s written consent or file a petition with the court. Relocation cases are fact-intensive and require careful planning — the burden of proof shifts depending on whether the petition is unopposed.
Paternity Actions
For unmarried parents in Florida, the mother is the natural guardian of the child until paternity is legally established. A father’s legal rights to time-sharing and decision-making typically require a paternity action and a court-ordered parenting plan. Pazos Law Group represents both fathers and mothers in paternity proceedings.
Mediation in Miami-Dade
The 11th Judicial Circuit requires mediation in most contested family law cases involving children. Mediation provides a confidential setting for parents to negotiate parenting plans and time-sharing schedules with the help of a neutral mediator. Successful mediation often produces better outcomes than litigation, both for parents and for children.
Frequently Asked Questions
Does Florida use the term ‘custody’?
Florida law no longer uses the word ‘custody.’ The current terminology is parental responsibility (decision-making authority) and time-sharing (the schedule of when the child is with each parent).
Is there a 50/50 time-sharing presumption in Florida?
There is no statutory presumption of equal time-sharing in Florida as of the current statutes. Courts design a time-sharing schedule based on the best interests of the child, considering the factors in Fla. Stat. § 61.13(3). Equal time-sharing is common but not automatic.
Can a child choose which parent to live with in Florida?
Florida courts may consider the reasonable preference of the child if the child is of sufficient intelligence, understanding, and experience to express a preference. There is no specific age at which a child’s preference becomes controlling. The child’s preference is one of 20 statutory factors.
How do I modify a custody order in Florida?
Modification requires a showing of a substantial, material, and unanticipated change in circumstances and that the modification is in the child’s best interests. The threshold for modification is intentionally high to promote stability for the child.
Can I move out of state with my child after a Florida divorce?
Florida’s relocation statute (Fla. Stat. § 61.13001) requires either written consent from the other parent or a court order before relocating more than 50 miles for 60 days or more. Failure to follow the statute can result in serious consequences, including modification of time-sharing in favor of the non-relocating parent.
Is mediation required in Miami-Dade custody cases?
In most contested family law cases involving children, the 11th Judicial Circuit requires mediation before a contested hearing. Mediation is confidential and often resolves cases without trial.
Speak with a Miami Family Law Attorney
Pazos Law Group represents clients in child custody & time-sharing matters in Miami-Dade and surrounding counties.
Schedule a Confidential ConsultationThe 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.