Family Law · Child Custody
Experienced Child Custody Attorneys
Your kids are the most important people in your divorce. We work to make custody transitions as smooth as possible, for them and for you.
When changes happen that affect your children's best interests, you want to be sure the negative impact is as minimal as possible. At The Law Offices of Patrick L. Cordero, we work closely with our clients to make changes to parenting plans and time-sharing as smooth as possible. Our family lawyers offer straightforward advice and take a hands-on approach to representing family-law clients.
Parental Responsibility and Time-Sharing in Florida
Florida law no longer uses the word "custody." Instead, a court order covers two things: parental responsibility, meaning who makes major decisions about the child's education, non-emergency health care, and similar matters, and time-sharing, meaning the schedule of when the child is with each parent. Both are set out in a written parenting plan.
- Shared parental responsibility is the default. Both parents keep their full parental rights and must confer on major decisions, unless the court finds that shared responsibility would be detrimental to the child.
- Sole parental responsibility is the exception. It is ordered only when shared decision-making would be detrimental to the child. Evidence of domestic violence weighs heavily in that decision.
- A judge can divide specific decisions. Even with shared responsibility, the court can give one parent the final say over a particular area, such as education or health care.
- Equal time-sharing is the starting point. Since July 1, 2023, Florida law presumes that equal time-sharing is in a child's best interests. A parent who wants a different schedule must prove that equal time-sharing is not in the child's best interests.
Factors the Courts Consider
Florida courts decide parenting issues based on the child's best interests, using a list of factors set out in Florida Statute 61.13. A judge will consider each parent's ability to meet the child's needs, whether the child has special needs, the child's activities and after-school care, and more. Ultimately, the judge makes the decision that he or she believes is in the child's best interests.
We will take the time to explain Florida's custody laws, what the court will look at when deciding parental responsibility and time-sharing, how your divorce affects the situation, and what the likely outcome will be, so you walk into court knowing what to expect. Among the factors a Florida judge weighs:
- Each parent's demonstrated ability to encourage a close and continuing relationship between the child and the other parent, and to honor the time-sharing schedule
- Each parent's ability to put the child's needs ahead of his or her own
- How long the child has lived in a stable, satisfactory environment, and the value of keeping that continuity
- The moral fitness and the mental and physical health of each parent
- Each parent's knowledge of the child's daily life, such as teachers, doctors, friends, and activities, and ability to provide a consistent routine
- The reasonable preference of the child, if the court finds the child mature enough to express one
- Any evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect
- The child's developmental stage and needs, and each parent's ability to meet them
Building Your Parenting Plan
Every Florida parenting plan sets out the time-sharing schedule, how the parents will share daily tasks and major decisions about health care, school, and other activities, which address is used for school registration, and how each parent will communicate with the child. Child support is calculated separately under Florida's guidelines, but the number of overnights in your plan directly affects the child support amount. We work to help you build an effective plan with minimal conflict.
In addition to providing comprehensive representation for child custody matters, we handle related issues including paternity, parenting plan modifications, child-support modifications, and parental relocation.
Changing a Parenting Plan Later
Children grow and circumstances change. A Florida parenting plan can be modified when there has been a substantial and material change in circumstances and the change to the plan is in the child's best interests. If the parents agree, the court can approve a modified plan; if they do not, the parent asking for the change must prove it. Until the court enters a new order, the existing parenting plan stays in effect, even if both parents informally agree to something different.
Moving at least 50 miles away with your child is handled under Florida's separate parental relocation statute, which has its own notice and approval requirements. You can also learn more about post-judgment modifications.
Common Questions
Florida Child Custody Questions, Answered
Does Florida still use the term child custody?
Not in the law itself. Florida courts decide parental responsibility, meaning who makes major decisions for the child, and time-sharing, meaning the schedule each parent has with the child. Both are set out in a parenting plan, although most people still call the whole process child custody.
Is 50/50 time-sharing the default in Florida?
Since July 1, 2023, Florida law presumes that equal time-sharing is in a child's best interests. The presumption can be overcome if a parent proves that equal time-sharing is not in the child's best interests, based on the statutory factors. Parents can also agree to a different schedule, subject to court approval.
Do Florida courts favor mothers in custody cases?
No. Florida law is gender-neutral. Shared parental responsibility is the default for both parents, and the presumption of equal time-sharing applies equally to mothers and fathers. For unmarried parents, paternity must be legally established first.
At what age can a child decide which parent to live with in Florida?
There is no set age. A child's reasonable preference is one of the factors a judge may consider if the child is mature enough to express one, but the judge makes the final decision based on all of the factors. Children are generally not brought to court to testify without the judge's permission.
Do unmarried fathers have time-sharing rights in Florida?
Not automatically. When parents are not married, the mother is the child's natural guardian until paternity is legally established. Once paternity is established, the father can ask the court for a parenting plan, time-sharing, and shared parental responsibility under the same best-interests standard that applies to married parents.
Can a parenting plan be changed after it is ordered?
Yes. A Florida court can modify a parenting plan when there has been a substantial and material change in circumstances and the change is in the child's best interests. Common examples include a significant change in a parent's work schedule, a child's changing needs, or concerns about a child's safety. Until a court approves the change, the existing plan remains in effect.
Can I move away with my child after a divorce?
Moving at least 50 miles from your principal residence for at least 60 consecutive days counts as relocation under Florida law. You need either the other parent's written agreement, approved by the court, or a court order granting a petition to relocate. Moving without one can be held against you.
Schedule Your Free Consultation
Contact us to schedule a consultation. The first one is on us. We handle divorce, custody, child support, and related issues. We are located in Miami and serve clients throughout South Florida.
Related Practice Areas
Parental Relocation
When one parent needs to move, the court must approve based on the child's best interests.
Child Support
Florida guidelines, deviations, enforcement, and modifications.
Divorce
Contested and uncontested divorce, property division, alimony, domestic violence.
Modifications
Post-decree changes to parenting plans, support, or alimony when circumstances change.