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Learn Center · Florida speaks 'time-sharing', not 'custody'

Child Custody (Parenting & Time-Sharing)

Florida replaced custody language with parenting plans and time-sharing. Plans must cover the § 61.13 minimums, and the law starts from a rebuttable presumption that equal time-sharing is in the child's best interests.

Every case with minor children ends in a court-approved parenting plan covering daily responsibilities, a specific time-sharing schedule, health-care and school decision-making, activities, and how parents communicate with the child.

The best-interests standard governs everything, and courts weigh a long statutory factor list. Vague schedules ('liberal time-sharing as agreed') are unenforceable and become the other side's discretion.

Modification later requires a substantial, material, unanticipated change in circumstances — and relocation of 50+ miles for 60+ days has its own statute (§ 61.13001) with a formal process BEFORE the move.

Attorney-review note: Contested time-sharing, safety allegations, and relocation are attorney-review triggers.

Frequently asked — Florida answers

Is Florida a 50/50 time-sharing state?

There is a rebuttable presumption that equal time-sharing is in the child's best interests (§ 61.13), but the presumption can be rebutted and the best-interests factors still control. Equal is the starting frame, not an entitlement.

Can my ex move away with the kids?

A move of 50 miles or more for 60 consecutive days generally requires written agreement or a court order first (§ 61.13001). Moving without one is the classic catastrophic mistake — for either side.

Will the court hear from my child?

Children are shielded: no deposition, subpoena, or attendance at family proceedings without a prior court order on good cause (Rule 12.407). Judges rarely involve children directly.

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