Quick Answer
Florida determines custody based on the best interests of the child. Florida uses the term "time-sharing" rather than custody and encourages shared parental responsibility.
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Quick Answer
Florida determines custody based on the best interests of the child. Florida uses the term "time-sharing" rather than custody and encourages shared parental responsibility.
Understanding child custody laws in Florida is one of the most important steps in your divorce preparation. This guide covers what Florida law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
Florida doesn't use the terms "custody" or "visitation." Instead, the state uses "parental responsibility" (decision-making) and "time-sharing" (the schedule of when the child is with each parent). Most cases result in shared parental responsibility.
Section · 02
All custody decisions in Florida are based on the best interests of the child. Florida considers the demonstrated capacity of each parent, the moral fitness of the parents, the mental and physical health of the parents, the child's preference (if mature enough), and evidence of domestic violence.
Section · 03
Florida requires a parenting plan in all cases involving minor children. The plan must detail the time-sharing schedule, decision-making responsibilities, and communication methods between parents.
What Makes Florida Different
Florida eliminated the term 'custody' in 2008, replacing it with 'parental responsibility' and 'time-sharing.' This shift reflects the state's emphasis on both parents remaining actively involved.
FAQ
Florida's most common arrangement is shared parental responsibility with a time-sharing schedule — often 50/50 or close to it.
Florida doesn't set a specific age. The court considers the child's preference when the child is sufficiently mature, but it's only one of many factors.
Relocation with a child typically requires court approval or the other parent's written consent. Florida requires court permission to move more than 50 miles for 60+ consecutive days.
Compare across states
See how this topic works in other equitable-distribution states.
Common Questions
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Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in Florida. You deserve someone in your corner.