Orlando Child Custody & Time-Sharing Attorney

Florida no longer uses the word “custody”

Florida law replaced “custody” with two concepts: parental responsibility (who makes major decisions about the child) and time-sharing (the schedule of when the child is with each parent). Both are set out in a written parenting plan approved by the court.

The 2023 equal time-sharing presumption

Effective July 1, 2023, Florida law creates a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. It is rebuttable — a parent who opposes equal time-sharing carries the burden of showing, by a preponderance of the evidence, that an equal schedule would not serve the child's best interests. This was a significant change from prior law, which expressed no preference for any particular schedule.

Best-interest factors

When the presumption is challenged, the court weighs the statutory best-interest factors in section 61.13(3), and must make written findings. These include:

• Each parent's capacity to encourage a close relationship with the other parent;
• The division of parental responsibilities and who has performed them;
• The stability of each home and the child's school, home, and community record;
• The moral fitness, mental and physical health of the parents;
• Any history of domestic violence, abuse, or substance abuse.

Modifying a parenting plan

To change an existing time-sharing schedule, a parent must show a substantial and material change in circumstances and that modification is in the child's best interests. The 2023 reform removed the old requirement that the change be “unanticipated.” And if parents lived more than 50 miles apart when the order was entered and one later moves within 50 miles, that move may itself qualify as a substantial change. See modification & enforcement.

Frequently asked questions

Discuss your matter confidentially