Child Custody & Parenting
Legal Custody
"Legal custody" is a term from other states that Florida does not use. In Florida, the authority to make major decisions about a child—such as education, healthcare, and religion—is called "parental responsibility," and it is usually shared between both parents. Florida courts presume shared parental responsibility unless it would be detrimental to the child.
Last updated June 21, 2026
Legal Definition
What other states call "legal custody" corresponds in Florida to "parental responsibility" under F.S. §61.13, which governs decision-making authority and is presumptively shared between parents absent evidence of detriment to the child.
Example
A parent moving from another state may know the concept as "legal custody," but in Florida it falls under shared parental responsibility.
Related Statutes
- 61.13
- 61.046
Related Terms
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