Child custody disputes can be one of the most challenging aspects of a divorce or separation. In Florida, the primary concern in any child custody case is the best interest of the child. Whether you are navigating a divorce, seeking to modify an existing custody arrangement, or trying to establish a parenting plan, understanding the state’s approach to child custody is essential. In this post, we’ll break down the basics of child custody laws in Florida, including the key legal terms, factors the court considers, and strategies for parents looking to protect their parental rights.



What is Child Custody in Florida?

In Florida, the term “child custody” is not used in the legal context. Instead, the state refers to “parental responsibility” and “time-sharing” when addressing custody matters. The law encourages both parents to share responsibilities and time with the child whenever possible. The terms you need to understand include:

Parental Responsibility

• Parental responsibility refers to the right to make important decisions about the child’s welfare, including education, healthcare, and religious upbringing. There are two types of parental responsibility:
• Sole Parental Responsibility: One parent has the authority to make decisions on behalf of the child without input from the other parent. This is typically granted only in cases where shared responsibility is deemed detrimental to the child.
• Shared Parental Responsibility: Both parents share decision-making responsibilities, and must confer with each other before making major decisions affecting the child’s life.

Time-Sharing (Physical Custody)

• Time-sharing refers to the schedule that determines how much time each parent spends with the child. This is similar to physical custody in other states. The time-sharing schedule is outlined in a parenting plan, which details when the child will be with each parent, including during holidays and school breaks.

Parenting Plan

• A parenting plan is a written document that outlines the time-sharing arrangement, decision-making responsibilities, and communication guidelines between parents. Every Florida child custody case requires a parenting plan, which must be approved by the court.

How Do Florida Courts Determine Child Custody?

When determining child custody, Florida courts prioritize the best interest of the child above all else. The court considers a variety of factors to make this determination, including:

The Child’s Relationship with Each Parent

• The court will look at the child’s relationship with each parent and assess which parent has been more involved in day-to-day caregiving, including tasks like feeding, bathing, and helping with homework.

The Moral and Mental Fitness of Each Parent

• The court evaluates the mental and emotional stability of each parent, as well as their ability to provide a safe and nurturing environment for the child.

The Child’s Preference

• If the child is of sufficient age and maturity, the court may consider the child’s preference. There is no set age for when a child’s opinion is considered, but it is one of many factors.

Each Parent’s Willingness to Encourage a Relationship with the Other Parent

• The court wants to see that each parent is willing to support the child’s relationship with the other parent. A parent who tries to alienate the child from the other parent may be viewed unfavorably.

History of Domestic Violence or Substance Abuse

• If there is a history of domestic violence, child abuse, or substance abuse, the court will take this seriously and may limit or deny time-sharing for the offending parent.

The Child’s Educational and Extracurricular Needs

• The court considers which parent is better able to meet the child’s educational and extracurricular needs, including transportation to school and activities.

Stability and Continuity

• Stability is crucial for children, especially during times of family change. The court will favor an arrangement that minimizes disruption to the child’s school, social life, and home environment.

What is a Parenting Plan and Why is it Important?

A parenting plan is a legal document required in every child custody case in Florida. It outlines how parents will share the responsibilities and time with their child, and must include the following components:

Time-Sharing Schedule

• The parenting plan must include a detailed time-sharing schedule that specifies when the child will be with each parent, including overnights, weekends, holidays, and vacations.

Decision-Making Authority

• The plan should address which parent has authority to make decisions regarding the child’s education, healthcare, extracurricular activities, and other major life choices.

Communication Methods

• The plan should establish how parents will communicate with each other and the child, especially when the child is with the other parent. This can include phone calls, emails, or virtual communication.

Dispute Resolution Process

• The plan should include a process for resolving disputes that may arise regarding the parenting plan, such as mediation or arbitration.

What to Do If You Need to Modify a Custody Order

Over time, circumstances may change, and a parenting plan that once worked well may no longer be practical or in the child’s best interest. In Florida, either parent can request a modification of the custody order or parenting plan if they can demonstrate a substantial change in circumstances. Common reasons for modifying a custody order include:

• Relocation of one parent.
• Changes in the child’s needs.
• One parent’s failure to comply with the existing order.
• A significant change in the work schedule of a parent.

The court will not approve a modification unless it is convinced that the change is in the best interest of the child.

What Happens in Cases of Parental Relocation?

Parental relocation can complicate child custody matters. In Florida, if a parent wants to move more than 50 miles away from their current residence for more than 60 days, they must either:

• Obtain written consent from the other parent, or
• File a petition with the court for permission to relocate.

The court will consider how the move will affect the child’s relationship with both parents and whether the relocation is in the child’s best interest. If the other parent objects, the court may require mediation or a hearing to resolve the dispute.

How the Law Office of Ric Woodward Can Help

Navigating child custody issues in Florida can be complex and emotionally draining. At the Law Office of Ric Woodward, we have extensive experience handling child custody and family law matters. We understand the intricacies of Florida’s child custody laws and are committed to helping parents achieve the best possible outcome for their families.

Whether you’re creating a parenting plan, seeking a custody modification, or dealing with a difficult co-parent, our team is here to guide you every step of the way. Contact us today to schedule a consultation and learn more about how we can assist you in your child custody case.