Florida Does Not Use the Term "Custody"
If you are researching child custody in Florida, the first thing you need to know is that Florida law intentionally moved away from the term "custody" in 2008. The legislature replaced it with two distinct concepts: time-sharing and parental responsibility.
This was not merely a cosmetic change. The shift reflects a policy judgment that children benefit from meaningful relationships with both parents and that labeling one parent as the "custodial" parent and the other as the "non-custodial" parent creates a winner-loser dynamic that harms families.
Under Florida Statute 61.13, every case involving minor children must address both parental responsibility (decision-making authority) and a time-sharing schedule (the physical schedule of when the child is with each parent).
Parental Responsibility: Who Makes the Decisions?
Parental responsibility refers to the authority and obligation to make major decisions affecting the child's welfare, including decisions about:
- Education -- school enrollment, tutoring, special education services
- Healthcare -- medical treatments, mental health counseling, dental care
- Religion -- religious upbringing and participation
- Extracurricular activities -- sports, arts, and other significant activities
Florida law recognizes three forms of parental responsibility:
- Shared Parental Responsibility -- Both parents share decision-making authority and must confer on major decisions. This is the default and preferred arrangement under Florida law. Courts must order shared parental responsibility unless they find it would be detrimental to the child.
- Shared Parental Responsibility with Ultimate Decision-Making Authority -- Both parents confer on decisions, but one parent has final say on specific categories (such as education or healthcare) if the parents cannot agree. This arrangement must specify which categories are assigned to which parent.
- Sole Parental Responsibility -- One parent has exclusive decision-making authority. This is reserved for cases where shared responsibility would be detrimental to the child and requires specific findings by the court. It is not commonly ordered.
Time-Sharing: The Physical Schedule
Time-sharing is the schedule that determines when the child resides with or spends time with each parent. There is no single "standard" time-sharing arrangement in Florida. The schedule must be tailored to the specific needs of the child and the circumstances of the family.
Common time-sharing arrangements include:
- Equal time-sharing (50/50) -- Alternating weeks, 2-2-3 rotations, or other schedules that divide time equally
- Majority/minority time-sharing -- One parent has the child for a greater portion of the time, with the other parent exercising time-sharing on designated days and weekends
- Extended summer or holiday schedules -- Particularly relevant when parents live in different geographic areas
The specific schedule is documented in a parenting plan, which is a required component of every Florida family law case involving children.
The Best Interests of the Child Standard
All decisions regarding parental responsibility and time-sharing are governed by the best interests of the child standard. Florida Statute 61.13(3) identifies twenty specific factors the court must evaluate, including:
- The demonstrated capacity of each parent to facilitate a close and continuing relationship between the child and the other parent
- The anticipated division of parental responsibilities after the case, including the extent to which each parent will delegate responsibilities to third parties
- The moral fitness of the parents
- The mental and physical health of the parents
- The reasonable preference of the child, if the child is of sufficient maturity
- Evidence of domestic violence, sexual violence, child abuse, or neglect
- The particular parenting tasks customarily performed by each parent and each parent's demonstrated ability and desire to be involved with the child's school and extracurricular activities
- The geographic viability of the parenting plan, with special consideration of the needs of school-age children
No single factor is presumptively determinative. The court weighs all relevant factors and fashion an arrangement that serves the child's overall welfare.
The Parenting Plan Requirement
Florida law requires that every dissolution or paternity case involving minor children include a parenting plan approved by the court. Under Fla. Stat. 61.13(2)(b), a parenting plan must, at minimum, describe:
- How the parents will share and be responsible for the daily tasks associated with raising the child
- The time-sharing schedule that specifies the time each parent will spend with the child
- A designation of who will be responsible for healthcare, school-related matters, and activities
- Methods and technologies the parents will use to communicate with the child
If the parents agree, they may submit a proposed parenting plan for the court's approval. If they cannot agree, the court will establish a parenting plan after considering the evidence and the statutory best-interest factors.
The Importance of Getting It Right
The parenting arrangements established in your case will govern your relationship with your child for years to come. While modifications are possible under Fla. Stat. 61.13(3) when there is a substantial, material, and unanticipated change in circumstances, the initial parenting plan sets the baseline that any future modification must overcome.
Working with a family law attorney who understands the nuances of Florida's time-sharing framework -- and who regularly practices in the Fourth Judicial Circuit -- can help ensure that the parenting plan reflects your child's best interests and preserves your relationship as a parent.
This article provides general information about Florida family law and does not constitute legal advice. Every case involves unique facts that may affect the applicable legal analysis.