Parent Rights in Florida

Both parents start with equal rights

Under Florida Statutes § 61.13(2)(c), the court determines all matters relating to parenting and time-sharing in accordance with the best interests of the child. Both parents begin any proceeding with equal standing, and since July 1, 2023, the starting point for time-sharing is a rebuttable presumption that equal time-sharing is in the child's best interest (see Time-sharing below).

Parental responsibility

Florida uses the term parental responsibility (not “legal custody”) to describe who makes major decisions about the child's life, including:

• School enrollment and educational decisions
• Medical and dental care
• Religious upbringing
• Extracurricular activities
• Travel and passport decisions

Florida courts strongly prefer shared parental responsibility — meaning both parents participate in major decisions. Shared parental responsibility is the default unless the court finds it would be detrimental to the child (for example, in cases involving domestic violence or severe conflict). In that case, the court may award sole parental responsibility to one parent.

Time-sharing

Florida uses the term time-sharing (not “physical custody” or “visitation”) to describe where the child spends time. Common arrangements include:

• Equal time-sharing (50/50): The child spends equal time with each parent. Since July 1, 2023, Florida law starts from a rebuttable presumption that equal time-sharing is in the child's best interest (see below).
• Majority time-sharing: One parent is the primary residential parent and the child spends more than half the overnights with them. The other parent has a regular time-sharing schedule.
• Supervised time-sharing: Required in cases involving domestic violence, substance abuse, or safety concerns. A neutral third party supervises all contact.

The presumption of equal time-sharing

HB 1301 (Chapter 2023-301, Laws of Florida), effective July 1, 2023, added a rebuttable presumption to Florida Statutes § 61.13(2)(c)(1): “Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child.”

A rebuttable presumption is a starting point, not a guaranteed result. A parent who asks for something other than equal time-sharing carries the burden of proving, by a preponderance of the evidence, that equal time-sharing is not in the child's best interest. Unless the parents agree to a schedule and the court approves it, the same subsection requires the court to evaluate all of the § 61.13(3) factors and make specific written findings of fact when creating or modifying a time-sharing schedule.

The best-interest standard

Under Florida Statutes § 61.13(3), courts evaluate the best interest of the child using the following factors:

• The demonstrated capacity of each parent to facilitate and support a close parent-child relationship with the other parent
• The anticipated division of parental responsibilities after litigation
• The demonstrated capacity to determine, consider, and act upon the needs of the child
• The length of time the child has lived in a stable environment
• The geographic viability of the Parenting Plan
• The moral fitness of the parents
• The mental and physical health of the parents
• The home, school, and community record of the child
• The preference of the child, if mature enough
• Evidence of domestic violence, sexual violence, or child abuse
• Evidence of substance abuse affecting parenting ability
• Each parent's ability to communicate and cooperate with the other parent

Florida does not use a single dominant factor. The court weighs all relevant factors together. No single factor is automatically dispositive.

The mandatory Parenting Plan

Every case with minor children in Florida requires a Parenting Plan (§ 61.13). This is a written document that specifies the time-sharing schedule and describes how parents will share responsibility for the child. It must be approved by the court.

If parents agree on a Parenting Plan, they submit it to the court for approval. If they cannot agree, the court will create one at the final hearing. Having a well-documented proposed Parenting Plan is one of the most important things you can prepare.

A child's preference

Florida courts consider a child's preference when the child is mature enough to form an intelligent opinion. There is no specific age threshold in Florida statute (unlike some other states). The weight given to the child's preference depends on the child's age, maturity, and the reasons behind the preference.

Judges may interview children privately in chambers. They may also appoint a Guardian ad Litem to investigate and report to the court on the child's best interest.