How Do Florida Courts Determine Child Custody And Timesharing?
In Florida, when parents separate or divorce, one of the most emotionally charged issues is where the children will live and how much time they will spend with each parent. Florida law no longer uses the terms “custody” or “visitation”. Instead, the courts focus on parental responsibility and time-sharing. The guiding principle is always the best interests of the child. Understanding how judges make these decisions can help parents prepare their case and protect their rights.
Florida’s best interests standard
Florida Statute § 61.13 governs child custody and time-sharing. The law directs the court to craft parenting plans that promote the child’s well-being and stability. Judges will evaluate a wide array of factors to determine what arrangement will be in the child’s best interests. While every family is unique, the court’s ultimate goal is to ensure the child has frequent and continuing contact with both parents whenever possible.
Key factors that courts consider
Florida judges will weigh several considerations when deciding parenting plans. These include:
- Parental capacity and involvement – Each parent’s ability to meet the child’s emotional, physical, and developmental needs, including education and healthcare.
- Stability of the home environment – Courts look for continuity in school, community ties, and the child’s daily routines.
- Mortal fitness and health of both parents – Judges consider each parent’s conduct, lifestyle, and both physical and mental health to ensure the child’s safety and well-being.
- Willingness to co-parent – The parent’s ability to encourage a positive relationship between the child and the other parent is critical. Courts usually favor cooperative parents who foster shared parenting.
- History of abuse or neglect – If there is evidence of domestic violence, substance abuse, or neglect, it will weigh heavily against the parent.
- Child’s preference – If the child is old and mature enough, judges may take their personal preference into consideration. The child’s wishes, however, are one factor among many.
Equal time-sharing is favored but not guaranteed
Most parents assume that the law favors a 50/50 split. Florida courts, however, are not required to order equal time-sharing. Judges have discretion to award more time to one parent if it better serves the best interests of the child. As an example, if one parent has a demanding work schedule that limits their availability, the other parent might be granted more parenting time.
Parenting plans and parental responsibility
Every divorce case must include a parenting plan. The parenting plan will outline time-sharing schedules, decision-making authority, and how the parents will handle school, healthcare, and extracurricular activities. Courts will usually award shared parental responsibility, meaning both parents must consult each other on major decisions. If the case involves abuse or serious conflict, however, one parent may be awarded sole responsibility.
Talk to a Tampa, FL, Child Custody Attorney Today
Faulkner Law Group, PLLC, represents the interests of parents who are disputing a custody arrangement. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
