How is child custody decided in Florida?

Florida child custody is governed by Fla. Stat. § 61.13.

1. Terminology — 'Time-Sharing,' Not Custody

Since 2008, Florida has eliminated the terms 'custody,' 'primary residential parent,' and 'visitation.' Florida uses:

Parental responsibility (decision-making — analogous to legal custody).

Time-sharing schedule (analogous to physical custody).

2. Equal Time-Sharing Presumption — HB 1301 (2023)

Effective July 1, 2023, Fla. Stat. § 61.13(2)(c)(1) creates a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. The presumption can be overcome by a preponderance of the evidence based on the statutory factors.

3. Shared Parental Responsibility Presumption

Fla. Stat. § 61.13(2)(c)(2): The court shall order that parental responsibility for a minor child be shared by both parents unless shared parental responsibility would be detrimental to the child. Domestic violence is a factor that may rebut the presumption.

4. Best Interest Factors — Fla. Stat. § 61.13(3)

Florida lists 20 statutory factors, including:

Demonstrated capacity and disposition to facilitate a close relationship with the other parent.

Anticipated division of parental responsibilities after litigation.

Capacity to act on the child's needs, not the parent's desires.

Length of time the child has lived in a stable environment.

Geographic viability of the parenting plan.

Moral fitness, mental and physical health.

Home, school, and community record.

Reasonable preference of the child if of sufficient intelligence, understanding, and experience.

Demonstrated knowledge of the child's daily activities.

Capacity to provide a consistent routine.

Evidence of domestic violence, sexual violence, child abuse, child abandonment, or neglect.

Evidence of substance abuse.

5. Child's Preference

Fla. Stat. § 61.13(3)(i) — courts consider the reasonable preference of the child if the child is of sufficient intelligence, understanding, and experience to express a preference. No specific age controls.

6. Parenting Plan Required

Fla. Stat. § 61.13(2)(b) requires a Parenting Plan in every case involving minor children. It must address: time-sharing schedule, decision-making for school/healthcare/extracurriculars, communication methods.

7. Modification Standard

Substantial, material, and unanticipated change of circumstances since the original order, plus best interest of the child (Wade v. Hirschman, 903 So.2d 928 (Fla. 2005)).

8. Relocation — Fla. Stat. § 61.13001

Defined as a move of more than 50 miles for at least 60 consecutive days. Requires either written agreement or a petition. The court applies an 11-factor relocation test.

This is legal information, not legal advice.