Custody Law in Florida: Understanding Parental Responsibility and Time-Sharing

Navigating the terrain of child custody in Florida can feel overwhelming, especially during what is often one of the most emotionally charged times in a parent’s life. If you’re separated, divorced, or considering filing for custody (or a parenting plan) in Florida, you likely have questions: What do the terms parental responsibility and time-sharing actually mean? How does the court view your rights as a parent? What must you do to protect the relationship you have with your child? You are not alone in asking these questions, and having a clear roadmap can make the process less stressful and more effective.

In Florida, the familiar term “custody” has largely been replaced with the legal concepts of parental responsibility (the right and duty to make important decisions for a child) and time-sharing (how much time a child actually spends with each parent). Understanding these terms, and understanding how Florida courts evaluate and enforce these responsibilities, is crucial if you are serious about protecting your rights and supporting your child’s best interests.

At the Law Office of John P. Sherman, PLLC, we’ve worked closely with Florida families to help them understand how family law works in their everyday lives. In this article, we’ll walk you through how custody law works in Florida today, what you need to know, and how to make informed decisions about parenting plans and time-sharing schedules. Our goal is to empower you with knowledge so you can approach the process with confidence and clarity, not confusion or fear.

Whether you are just beginning the custody process or you’re reviewing an existing parenting plan, the information below will help you understand your rights, your options, and what to expect in Florida courts. Let’s begin.

What Is Custody Law in Florida?

What was once commonly called “custody” is now approached by the courts and statutes in two inter-related ways: parental responsibility and time-sharing. Understanding the difference, and how they work together, is key.

·         Parental Responsibility refers to the decision-making authority over major issues in a child’s life: for example, education, healthcare, religion, the child’s residence, and major extracurricular activities. Under Florida law, courts presume both parents are capable of sharing this responsibility unless evidence shows otherwise.

·         Time-Sharing refers to the actual schedule: how much time the child spends with each parent, when and where exchanges happen, how holidays or breaks are handled, and how the logistics are managed between households. The parenting plan must include a detailed time-sharing schedule.

Florida places a strong emphasis on co-parenting and maintaining frequent, continuing contact between a child and both parents. For example, Florida statute states it is the public policy of the state “to assure that each minor child has frequent and continuing contact with both parents…” unless strong evidence suggests otherwise.

A Parenting Plan is the document that ties it all together. Whether agreed to by the parents or ordered by the court, the parenting plan sets out how both parental responsibility and time-sharing will be handled. The plan should be detailed, clear, and reflect the realities of the family’s situation.

In short, when you are dealing with “custody” in Florida, you are really dealing with two linked elements, who makes decisions for the child (parental responsibility) and how much time the child spends with each parent (time-sharing). Understanding this distinction gives you a clearer foundation for everything that follows.

Key Updates to Florida Custody Law

Florida’s family law landscape has evolved in recent years, so it’s vital to know the current framework rather than rely on outdated information. Here are some of the most notable updates:

• Effective July 1, 2023, the legislature amended Florida Statute § 61.13 to add a rebuttable presumption in favor of equal time-sharing (i.e., joint time-sharing where the child spends roughly equal time with each parent) unless one parent proves that equal time is not in the child’s best interest.

• The new language also changed the standard for modifying an existing parenting plan or time-sharing schedule: you no longer need to show that the change in circumstances was unanticipated, only that a “substantial and material change in circumstances” has occurred.

• The statute continues to affirm that the child’s best interests are the primary consideration when creating or modifying parenting plans or time-sharing schedules.

What does this mean for you as a parent? It means that Florida courts now start with the idea that equal time-sharing and shared parental responsibility are the model unless there is reason not to proceed that way. This shift signals how seriously Florida treats both parents’ involvement. However, it also means you must be ready to show why a different arrangement might be necessary, and you’ll want to understand how the court evaluates your case.

How Florida Courts Decide Parental Responsibility and Time-Sharing

When your matter goes to court (or when the court approves a parenting plan), judges follow established legal standards. The cornerstone is the child’s best interests, but other specific factors guide the decision.

Under Florida Statute § 61.13(3), when establishing or modifying parental responsibility, parenting plans, or time-sharing schedules, the court must evaluate multiple factors including (but not limited to):

• Each parent’s demonstrated capacity and disposition to encourage a close and continuing relationship with the child, honor the time-sharing schedule, and be reasonable when changes are required.

• How parental responsibilities will be divided, including how much is delegated to third parties (friends, family, babysitters).

• The ability of each parent to act in and upon the child’s needs rather than the parent’s own needs or desires.

• The stability of each parent’s environment: how long the child has lived there, how stable and satisfactory that environment is.

• The geographic viability of the parenting plan (especially if significant travel is required).

• The moral fitness, mental and physical health of each parent.

• The child’s home, school and community record and, if the court deems the child old enough, the child’s reasonable preference.

• Evidence of domestic violence, sexual violence, child abuse, abandonment or neglect, even if an injunction was not filed.

In practical terms, here’s how the process often plays out: the court expects BOTH parents to foster the child’s relationship with the other parent (unless there is a valid reason not to). If one parent refuses to cooperate or is unreliable, that can impact the decision. Likewise, if one parent has a stable home environment closer to the child’s school and friends, that can be a factor. The more you can demonstrate your reliability, your involvement, and your willingness to facilitate a healthy relationship with the other parent, the stronger your position.

Importantly: when the statute presumes equal time-sharing, the parent wanting less than equal must provide evidence why equal would not serve the child’s best interests. That shifts part of the burden.

Common Custody Arrangements Recognized in Florida

Florida law provides for various arrangements depending on each family’s circumstances. Here are the most common:

Sole Parental Responsibility

In this arrangement, one parent retains the decision-making authority over major aspects of the child’s life, and the other parent may have limited or specified time-sharing, or none at all. Usually this is awarded when shared parental responsibility would be harmful to the child (for example, in cases of domestic violence or serious neglect).

Shared Parental Responsibility

Both parents share decision-making over major issues (e.g., education, health, religion). Each parent must communicate and collaborate with the other, unless the parenting plan assigns “ultimate decision-making authority” in specific areas to one parent. Shared responsibility does not guarantee equal time-sharing.

Equal Time-Sharing

Under the 2023 amendment to § 61.13, the law presumes that near-equal time-sharing (sometimes 50/50) is in the child’s best interests, unless there is evidence otherwise.
Equal time-sharing means the child spends substantially equal time with each parent, and the parenting plan allocates how days, weekends, holidays and vacations are handled.

Majority/Minority Time-Sharing

In some cases, time-sharing is heavily weighted toward one parent (majority) and the other parent has fewer days/hours (minority). This may be appropriate when there are compelling reasons why equal time-sharing is not in the child’s interest, such as work schedules, distance, age of child, or safety concerns. The court will evaluate under the best-interests factors.

Each of these arrangements affects how decision-making authority and day-to-day parenting function. For example: if you have majority time with the child, you may handle most of the daily routines and logistics, but even then, the parenting plan should clearly specify how decisions are made, how communication occurs, how the other parent remains involved, and how conflicts are resolved.

The Legal Process for Establishing Custody Orders

If you are moving forward with establishing or modifying custody (parental responsibility) or a time-sharing plan in Florida, here is the typical step-by-step process:

1. Filing a petition or motion.
   If you’re married and seeking a divorce with children, the parenting plan/time-sharing issues are part of the divorce petition. If you’re unmarried, you may file a petition for parental responsibility/time-sharing (often a paternity or custody petition).

2. Mandatory Parenting Course.
   Florida courts require both parents to complete a parenting education course before entering a final order involving children. Even if the parents agree on the plan, the certificate of completion is required.

3. Mediation or alternative dispute resolution.
   Many Florida circuits require mediation before the court will hold a contested hearing. This gives parents an opportunity to cooperate and craft their own parenting plan and time-sharing schedule.

4. Drafting the Parenting Plan and Time-Sharing Schedule.
   Either jointly (if parents can agree) or proposed by one parent. The plan must meet the statutory requirements (see Fla. Stat. § 61.13).

5. Court Review and Approval.
   If the parents agree and submit a plan, the court reviews it to ensure it is in the child’s best interests. If the parents do not agree, the court will hold a hearing, receive evidence, and then issue a parenting-plan order, decision-making order and time-sharing schedule.

6. Final Judgment / Order.
   Once the court approves the plan or issues its own, you have a legally binding court order that governs parental responsibility and time-sharing.

7. Implementation and Compliance.
   Both parents must follow the parenting plan/time-sharing schedule. If either parent fails to comply, there are legal remedies and possible sanctions (including make-up time for the other parent, court costs, and even contempt).

8. Modification (if needed).
   Over time, circumstances change. If a parent needs to modify the plan or schedule, they must follow the statutory process (learn more in the next section).

Throughout this process, working productively, even in conflict, is extremely helpful. Courts pay attention not just to what you say in filings, but how you conduct yourself: Are you willing to cooperate? Do you put the child’s needs first? Can you follow the schedule and be flexible when reasonable? Documenting your involvement and showing your willingness to promote a positive relationship with the other parent go a long way.

When and How to Modify a Custody or Time-Sharing Agreement

Once a parenting plan or time-sharing schedule is in place, it’s not set in stone. Life changes, job changes, relocations, safety concerns, children’s changing needs, may require a modification. Florida law allows for this, but only when certain conditions are met.

Under § 61.13(3) of the Florida Statutes, a parenting plan/time-sharing schedule may not be modified unless:

• There has been a substantial and material change in circumstances, and

• The modification is in the best interests of the child.

Importantly, after the 2023 amendment, the change in circumstances no longer needs to have been unanticipated. That means even expected changes (job transfer, new spouse, child enters a new school) may qualify so long as they are significant and affect the child.

Examples of substantial and material changes might include:

• One parent has relocated a significant distance (or moved closer) such that the original schedule is no longer practical. For example, the statute provides if parents lived more than 50 miles apart at the time of the original schedule, and one parent moves within 50 miles, this may qualify.

• A parent’s work schedule changes dramatically, limiting availability for the child.

• Safety concerns arise (domestic violence, substance abuse, neglect).

• A child’s needs change, age, schooling, health, extracurricular activities.

• The other parent repeatedly refuses to comply with the schedule or refuses to facilitate the child’s relationship with the other parent.

How to proceed with modification:

• File a motion or petition in the court that approved the original order or the county of residence under proper jurisdiction.

• Provide evidence of the change in circumstances and show how the best interests of the child support the requested modification.

• Attend hearings or mediation if required.

• Continue to follow the current parenting plan until the court modifies it.

If you are thinking about modification, consult a family law attorney early. A lawyer can help you understand your rights, collect the right evidence, evaluate the timing, and present your case in the strongest way possible.

Common Mistakes Parents Make in Custody Cases

Even when a parent is well-intentioned, there are errors that frequently occur and that can undermine a parent’s position. Recognizing these pitfalls and avoiding them can significantly affect your outcome.

Mistake #1: Disparaging the other parent publicly or in front of the child.
When you speak negatively about the other parent in the child’s presence or in the child’s hearing, the court may view that as undermining the relationship with the other parent, which is actually a factor it evaluates. This can harm your credibility and your case.

Mistake #2: Ignoring court-ordered parenting or time-sharing schedules.
If you fail to honor the court-approved time-sharing schedule or repeatedly skip visits, you risk sanctions, loss of time, and a diminished position in future modifications. The law explicitly allows the court to award make-up time for the parent who was denied time.

Mistake #3: Failing to document communication and involvement with the child.
Records matter. Keeping a log of your time, your communication with the child, changes you’ve had to accommodate, and how you’ve encouraged the child’s relationship with the other parent, all help you show your role and commitment. Without documentation, you may struggle to demonstrate your involvement.

Mistake #4: Refusing mediation or failing to cooperate.
Florida courts expect parents to participate in mediation (where required) and to generally show a willingness to co-parent effectively. Acting as though you must win at all costs, or refusing to work with the other parent, can hurt your case. Showing that you are cooperative, flexible (but firm when needed) is viewed far more favorably.

Mistake #5: Trying to rely on outdated “custody” terms or assumptions.
Because Florida now emphasises parental responsibility and time-sharing, using old terminology (“custody,” “visitation,” “primary residential parent”) without understanding how Florida uses different language may lead to confusion and missed opportunities. Make sure your attorney and plan reflect the current statute.

By being aware of these common mistakes and approaching your case thoughtfully and proactively, you’ll be much better positioned to protect your role in your child’s life and support the child’s well-being.

How a Florida Family Law Attorney Can Help Protect Your Rights

You don’t have to face this process alone. Having an experienced Florida family law attorney can make a significant difference in how your case unfolds. Here’s how an attorney can support you:

• Educate you on the law and process. A family law attorney will explain how Florida statutes apply to your situation, including the amendments to § 61.13, what presumptions apply, what your rights are, and how to build a strong case.

• Help you draft or review your Parenting Plan and Time-Sharing Schedule. While agreement between parents is preferred, many plans submitted to courts need professional review to ensure they will be approved and will withstand future modification.

• Guide evidence and strategy. From documenting your involvement with the child, showing your willingness to cooperate, to preparing for potential hearings, a lawyer knows what courts look for and can help you focus your efforts.

• Represent you in mediation or court. Whether you are negotiating or going to trial, having a lawyer who understands how Florida family courts work is a major advantage.

• Assist with modifications or enforcement. If things change, or if the other parent fails to comply, your attorney can help you address modification motions, enforcement of time-sharing orders, and related issues.

At the Law Office of John P. Sherman, our team is committed to helping Florida parents navigate custody matters with clarity, confidence, and compassion. You don’t have to go it alone, we’re here to guide you every step of the way.

Conclusion: Navigating Custody Law in Florida with Confidence

Understanding how “custody” works in Florida, through the concepts of parental responsibility and time-sharing, is the first and most important step toward protecting your relationship with your child. From knowing how the court evaluates arrangements under § 61.13 to recognizing your rights and responsibilities under a parenting plan, you are better equipped when you move forward informed rather than anxious.

While the law aims to support meaningful involvement by both parents, each case is unique. Your choice of parenting plan, how you participate in the process, and how you conduct yourself matter a great deal. Mistakes can cost you time, credibility, and emotional energy. By acting proactively, documenting your involvement, cooperating when appropriate, and seeking legal support, you can significantly improve your position and focus your efforts on your child’s best interests.

If you’re dealing with a custody or time-sharing matter in Florida, contact the Law Office of John P. Sherman, PLLC. Our experienced legal team is ready to answer your questions, evaluate your situation, and work with you to develop the plan that best serves you and your child. You don’t have to face this alone, help is available, and you can proceed with confidence.