Florida law does not technically use the term custody. Instead, Florida Statute 61.13 governs parental responsibility and timesharing, with the best interest of the child serving as the primary standard for every decision. Since 2023, Florida law also starts from a rebuttable presumption that equal timesharing between both parents serves the child’s best interest, though that presumption can be overcome with the right evidence. Understanding how these pieces fit together can help clarify what to expect during a divorce or paternity case involving children.
Florida Does Not Technically Use the Word “Custody”
Many people search for information about child custody, but Florida law actually addresses this subject through two related concepts:
- Parental responsibility, which covers decision-making authority over a child’s upbringing
- Timesharing, which covers the schedule of when a child is with each parent
Both concepts are governed by Florida Statute Section 61.13, which applies in divorce cases, paternity cases, and other proceedings involving minor children.
The Best Interest of the Child Standard
Florida law states that the best interest of the child is the primary consideration whenever a court establishes or modifies parental responsibility or a timesharing schedule. Section 61.13(3) lists a wide range of factors a court must evaluate, covering the particular child’s welfare and the family’s specific circumstances.
Except when parents agree on a timesharing schedule and the court approves it, a judge must evaluate all relevant factors and make specific written findings when creating or modifying a parenting plan.
The Presumption of Equal Timesharing
A significant change took effect in Florida law in 2023: unless the parties agree otherwise or the statute provides otherwise, there is now a rebuttable presumption that equal timesharing is in a child’s best interest.
To overcome this presumption, a parent must prove by a preponderance of the evidence that equal timesharing is not in the child’s best interest. This shifts the starting point of many cases toward a 50/50 schedule, though the presumption can still be rebutted based on the same best interest factors a court would otherwise weigh, such as:
- A documented history of domestic violence
- One parent’s demonstrated incapacity
- A significant geographic distance that makes an equal schedule impractical
Parental Responsibility: Shared or Sole
Florida law similarly presumes that parental responsibility, meaning the authority to make major decisions about a child’s healthcare, education, and general upbringing, should be shared by both parents. A court will only order sole parental responsibility to one parent if it finds that shared parental responsibility would be detrimental to the child.
Even when one parent is granted decision-making authority over specific areas, this does not automatically mean that parent will also receive more time with the child under the timesharing schedule.
What a Parenting Plan Must Include
Florida law requires a written parenting plan in every case involving timesharing, whether the parents agree on its terms or a judge creates it after a hearing. At minimum, a parenting plan must describe:
- How parents will share and be responsible for the daily tasks of raising the child
- The timesharing schedule specifying the time the child will spend with each parent, including holidays
- Which parent is responsible for healthcare decisions, school-related matters, and extracurricular activities
- The methods and technology the parents will use to communicate with the child
Florida courts generally use a standard parenting plan form, though parents may request additional or customized provisions addressing matters like transportation logistics or virtual visitation.
Key Factors Courts Weigh
While Florida Statute 61.13(3) lists numerous factors, several recur often in how courts approach these cases, including:
- Each parent’s demonstrated ability and willingness to encourage a close relationship between the child and the other parent
- The length of time the child has lived in a stable environment and the value of maintaining that continuity
- The geographic practicality of a proposed parenting plan, particularly for school-age children
- Each parent’s history of involvement in the child’s school and extracurricular activities
- Any evidence of domestic violence, substance abuse, or other conduct that could affect the child’s safety and wellbeing
- The reasonable preference of the child, if the court considers the child mature enough to express one
Modifying a Timesharing Order Later
A parenting plan or timesharing schedule is not necessarily permanent. Florida law allows modification when a parent shows a substantial and material change in circumstances since the prior order, along with a determination that the requested modification serves the child’s best interest.
A 2023 statutory change removed a previous requirement that the change in circumstances also be unanticipated, which had added an additional hurdle in some cases. Florida law also specifically addresses one common scenario: if parents lived more than 50 miles apart when the last timesharing order was entered and one parent later moves within 50 miles of the other, that relocation may itself qualify as a substantial and material change in circumstances.
Getting Help With a Florida Timesharing Case
Because Florida’s best interest analysis considers so many overlapping factors, and because the 2023 equal timesharing presumption has shifted how many cases begin, understanding how these rules apply to a specific family’s circumstances is an important early step. Reviewing the details of a situation with someone familiar with Florida Statute 61.13 can help clarify what a parenting plan should address and what evidence may matter most.
Talk to an Orlando Child Custody Attorney
Timesharing and parental responsibility cases involve a detailed, fact-specific best interest analysis that can shape a family’s daily life for years. Longwell Lawyers represents clients throughout Orange, Osceola, and Seminole Counties in family law matters, including child custody and parenting plan disputes. Reach out through our contact page or call (407) 537-5597 to discuss your situation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
