Understanding Florida child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Florida recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Florida’s custody framework in clear terms.
Verified against Florida family law statutes as of April 2026.
In This Florida Custody Guide:
Types of Custody in Florida
Florida recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: YES. Florida has two presumptions: (1) Shared Parental Responsibility is presumed — the court must order shared parental responsibility unless it finds that shared responsibility would be detrimental to the child (§ 61.13(2)(c)). (2) Equal Time-Sharing is presumed — effective July 1, 2023 (HB 1301), there is a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. This presumption can be rebutted by a preponderance of the evidence showing that equal time-sharing is not in the child’s best interests. The court must evaluate all 20 best-interest factors under § 61.13(3) and make specific written findings of fact.
Florida Best Interest of the Child Standard
The best interests of the child standard is the primary framework Florida courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Florida courts evaluate these best interest factors when making custody decisions:
- Florida Statute § 61.13(3) enumerates 20 factors the court must evaluate: (a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship
- to honor the time-sharing schedule
- and to be reasonable when changes are required; (b) The anticipated division of parental responsibilities after the litigation
- including the extent to which parental responsibilities will be delegated to third parties; (c) The demonstrated capacity and disposition of each parent to determine
- consider
- and act upon the needs of the child as opposed to the needs or desires of the parent; (d) The length of time the child has lived in a stable
- satisfactory environment and the desirability of maintaining continuity; (e) The geographic viability of the parenting plan
- with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan; (f) The moral fitness of the parents; (g) The mental and physical health of the parents; (h) The home
- school
- and community record of the child; (i) The reasonable preference of the child
- if the court deems the child to be of sufficient intelligence
- understanding
- and experience to express a preference; (j) The demonstrated knowledge
- capacity
- and disposition of each parent to be informed of the circumstances of the minor child
- including but not limited to the child’s friends
- teachers
- medical care providers
- daily activities
- and favorite things; (k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child
- such as discipline
- and daily schedules for homework
- meals
- and bedtime; (l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child
- and the willingness of each parent to adopt a unified front on all major issues when dealing with the child; (m) Evidence of domestic violence
- sexual violence
- child abuse
- child abandonment
- or child neglect
- regardless of whether a prior or pending action relating to those issues has been brought; (n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence
- sexual violence
- child abuse
- child abandonment
- or child neglect; (o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation
- including the extent to which parenting responsibilities were undertaken by third parties; (p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities; (q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse; (r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child
- not sharing documents or electronic media related to the litigation with the child
- and refraining from disparaging comments about the other parent to the child; (s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs; (t) Any other factor that is relevant to the determination of a specific parenting plan
- including the time-sharing schedule.
Child’s preference: In Florida, a child’s custody preference may be considered when the child reaches No specific age. Under § 61.13(3)(i), the court may consider “the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.” Florida intentionally sets no age threshold — it is left to the court’s discretion on a case-by-case basis. In practice, judges generally give more weight to preferences of teenagers, and children under 12-13 are often deemed to lack sufficient understanding, but there is no bright-line rule.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Florida Parenting Plans
Florida requires parents to submit a parenting plan as part of custody proceedings. A Florida parenting plan must include: (1) A detailed time-sharing schedule describing the time each parent will spend with the child, including overnight stays; (2) A designation of who will be responsible for healthcare, school-related matters, and other activities; (3) Methods and technologies the parents will use to communicate with the child; (4) A holiday and school break schedule, including which parent the child will be with on specific holidays; (5) How the parents will share information about the child’s health, education, and welfare; (6) Provisions for extracurricular activities; (7) Transportation arrangements for time-sharing exchanges; (8) A plan for handling disputes between parents. The court must evaluate all 20 best-interest factors and make specific written findings when approving or creating a parenting plan. (Florida Supreme Court Approved Family Law Form 12.995(a) provides the standard template.)
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Florida Custody Relocation Rules
Governed by Florida Statute § 61.13001. Applies when a parent seeks to move their principal residence more than 50 miles from their current home for at least 60 consecutive days (distance measured as a straight line). The relocating parent must file a petition with the court and serve it on the other parent. The petition must be signed under oath or affirmation and include: (1) the specific new address; (2) the date of the intended move; (3) detailed reasons for relocating; (4) a proposed revised time-sharing schedule; (5) transportation arrangements for visitation; (6) communication methods for the non-relocating parent. The relocating parent bears the initial burden of proving by a preponderance of the evidence that the relocation is in the child’s best interest. If that burden is met, it shifts to the non-relocating parent to show it is not. There is no presumption in favor of or against relocation. The non-relocating parent must file a written objection within 20 days of service. A hearing on temporary relocation must occur within 30 days of the motion; a nonjury trial must occur within 90 days of notice.
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Notice requirement: The relocating parent must provide 60 days minimum advance written notice before the planned relocation (§ 61.13001). days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Florida Custody Orders
Substantial and material change in circumstances. Under § 61.13(1)(a), modification of a parenting plan and time-sharing schedule requires a showing of a substantial and material change in circumstances. As of July 1, 2023 (HB 1301), the change no longer needs to be “unanticipated” — only “substantial and material.” Additionally, if a parent who previously lived more than 50 miles away moves within 50 miles of the other parent, that move can now constitute a substantial and material change in circumstances justifying modification.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Florida Custody
Domestic violence: Significant impact. Under § 61.13(2)(c), if a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence, or if the court finds credible evidence of domestic violence, there is a rebuttable presumption that shared parental responsibility and time-sharing with the convicted/abusive parent is NOT in the best interest of the child. If the presumption is not rebutted, the court may not grant shared parental responsibility or time-sharing to that parent (though financial support obligations remain). The abusive parent may rebut the presumption upon a specific written finding by the court that the parent poses no significant risk of harm and that time-sharing is in the child’s best interests. If the court determines shared parental responsibility would be detrimental, it may order sole parental responsibility and arrange time-sharing to best protect the child or abused spouse from further harm. Evidence of domestic violence is always a best-interest factor under § 61.13(3)(m), regardless of whether there is a conviction or pending action.
Grandparent visitation: Very limited. Florida Statute § 752.011 allows grandparents to petition for visitation only under narrow circumstances: (1) the child’s parents are both deceased, missing for at least 90 days, or in a persistent vegetative state; OR (2) one parent is deceased, missing, or in a vegetative state AND the other parent has been convicted of a felony or violent offense that could endanger the child. Under § 39.509, grandparents (including stepgrandparents) are entitled to reasonable visitation with a grandchild who has been adjudicated dependent and removed from parental custody, unless the court finds visitation is not in the child’s best interest. Outside these limited situations, Florida courts strongly protect parental autonomy and grandparents generally cannot petition for visitation over the objection of a fit parent. (Note: HB 861 (2026), which would have expanded grandparent visitation rights, died in committee on March 13, 2026.)
Unmarried parents: Prior to July 1, 2023, the mother of a child born to unmarried parents had sole natural guardianship. Effective July 1, 2023 (HB 1301 / “Good Dad Act” provisions), both the mother and the father are recognized as natural guardians of the child — provided the father has established paternity under §§ 742.011 or 742.10. Methods of establishing paternity include: voluntary acknowledgment of paternity, court filing of a paternity action, Department of Revenue case, or stipulation. Under § 742.12, a DNA test showing 95% or greater statistical probability of paternity creates a rebuttable presumption of paternity. Until paternity is legally established, an unmarried father has no legal custody or time-sharing rights. Once paternity is established, the father has equal rights to petition for shared parental responsibility and time-sharing, and the same 20 best-interest factors and equal time-sharing presumption apply as in divorce cases.
Guardian ad litem: YES. Under Florida Statute § 61.401, the court may appoint a guardian ad litem (GAL) to act as next friend of the child, investigator, or evaluator — but NOT as attorney or advocate. Appointment is discretionary (when the court finds it is in the best interest of the child), EXCEPT it is mandatory when the action involves an allegation of child abuse, abandonment, or neglect (as defined in § 39.01) that is verified and determined by the court to be well-founded. The GAL becomes a party to the judicial proceeding from date of appointment until discharge. The court may also separately appoint legal counsel for the child, but the GAL and legal counsel may not be the same person. (§§ 61.401–61.405)
Additional Florida rules: (1) Equal Time-Sharing Presumption (HB 1301, effective July 1, 2023): Florida is one of the states with a statutory rebuttable presumption that 50/50 equal time-sharing is in the child’s best interest — a significant shift from prior law. (2) Florida avoids traditional “custody” and “visitation” terminology — the state uses “parental responsibility” (for decision-making) and “time-sharing” (for physical time) instead. (3) Written Findings Required: When creating or modifying a time-sharing schedule (unless agreed to by the parties), the court must evaluate ALL 20 best-interest factors and make specific written findings of fact as to each factor. (4) Modification no longer requires “unanticipated” change — HB 1301 removed the unanticipated requirement, so any substantial and material change in circumstances suffices. (5) The court may not grant time-sharing rights to a parent who has been convicted of first-degree murder, second-degree murder, or sexual battery against the other parent of the child (§ 61.13(2)(c)). (6) Florida requires the Department of Revenue to provide forms for voluntary paternity acknowledgment at hospitals and birthing centers.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Florida Custody Statute: Florida Statutes Chapter 61, primarily § 61.13 (Parental responsibility, time-sharing, and parenting plans); § 61.13001 (Parental relocation with a child); § 61.21 (Parent education and family stabilization course); §§ 61.401–61.405 (Guardian ad litem); § 44.102 (Court-ordered mediation); § 752.011 (Grandparent visitation); Chapter 742 (Paternity/determination of parentage).
Last verified April 2026. Contact us if you notice outdated information.