Child Custody in Florida: The Ultimate Parent's Guide (2026)

Understanding Child Custody in Florida

Florida doesn't use the term "custody" anymore. Under F.S. 61.13, Florida law focuses on parental responsibility and time-sharing. Here's what every parent needs to know.

Key Terms Explained (F.S. 61.13)

Parental Responsibility: Decision-making authority for major decisions about your children (education, healthcare, religion, etc.)

Time-Sharing: The schedule determining when children spend time with each parent

Parenting Plan: The required document outlining all custody arrangements under F.S. 61.13(2)(b)

Types of Parental Responsibility

Shared Parental Responsibility (Most Common)

Both parents share decision-making authority for major decisions. Under F.S. 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."

Sole Parental Responsibility

One parent has exclusive decision-making authority. Courts only award this when shared responsibility would be detrimental to the child—a high legal standard.

How Florida Courts Determine Custody (F.S. 61.13(3))

Courts must evaluate the 20 statutory factors in F.S. 61.13(3) when determining the best interests of the child:

Statutory Note: These factors are listed in F.S. 61.13(3)(a)-(t). Courts must consider all 20 factors—no single factor is determinative.

Creating a Parenting Plan (F.S. 61.13(2)(b))

Every Florida divorce with children requires a Parenting Plan that addresses:

Required Elements:

• How parents will share daily tasks
• Time-sharing schedule (regular, holidays, vacations)
• Who will be responsible for healthcare and school matters
• Methods of communication between parents
• How future disputes will be resolved

Time-Sharing Schedules

Common arrangements include:

50/50 Time-Sharing:

• Week on/week off
• 2-2-3 rotation
• 3-4-4-3 rotation

Primary Residence with Visitation:

• Every other weekend
• One weeknight dinner
• Extended summer time
• Alternating holidays

Modifying Custody Arrangements (F.S. 61.13(3))

You can request a modification if there's a substantial, material, and unanticipated change in circumstances:

• Parent relocation (governed by F.S. 61.13001)
• Changes in child's needs
• Parent's inability to follow the parenting plan
• Safety concerns
• Significant change in either parent's situation

The modification must also be in the child's best interest under the same 20 factors.

Protecting Your Custody Rights

DO:

• Document everything
• Follow the parenting plan exactly
• Communicate respectfully with your co-parent
• Prioritize your child's best interests
• Attend all school events and appointments

DON'T:

• Speak negatively about the other parent
• Interfere with the other parent's time
• Make unilateral major decisions
• Use your child as a messenger
• Post about custody disputes on social media

When to Hire a Custody Attorney

Consider hiring an attorney if:

• Your spouse has an attorney
• There are allegations of abuse or neglect
• You're dealing with parental relocation
• You can't agree on a parenting plan
• You need to modify an existing order

Our Approach to Custody Cases

We focus on achieving outcomes that truly serve your children's best interests while protecting your parental rights. Our AI-powered document analysis ensures nothing is overlooked in your case.

$95 Strategy Session

Concerned about custody? Schedule a $95 Strategy Session to discuss your rights and options.