Child Custody and Visitation in Florida -

A Guide for Parents

Understanding Florida’s child custody laws is crucial for parents going through divorce. It’s the key to ensuring that parents and children are supported throughout the process. This guide will walk you through how child custody works in Florida, the types of timesharing arrangements, visitation rights, and how the courts determine the child’s best interest.

Understanding Child Custody and Timesharing in Florida

In Florida, child custody is commonly referred to as “parental responsibility,” while visitation is part of the “timesharing” plan. The state promotes a shared parenting model, a reassuring concept that encourages parents to be involved in their children’s lives whenever possible.

Child custody in Florida consists of two main components, each with its own set of responsibilities:

Parental Responsibility: This refers to the rights and obligations of each parent to make decisions regarding the child’s upbringing, such as education, healthcare, and religious activities. Florida typically favors shared parental responsibility, meaning both parents share decision-making authority.
Timesharing: This is the actual schedule of when each parent will spend time with the child. Timesharing arrangements outline the days, holidays, and vacations the child will spend with each parent.

Types of Parental Responsibility

Florida law generally supports shared parenting but may adjust responsibilities based on the child’s best interest. Here are the two main types of parental responsibility arrangements:

Shared Parental Responsibility: This is the most common arrangement, where both parents share decision-making authority for the child. Even if the child spends more time with one parent, both are involved in major life decisions.
Sole Parental Responsibility: In cases where shared responsibility would not be in the child’s best interest, such as when one parent has a history of abuse or neglect, the court may award sole parental responsibility to one parent. This parent would then have the right to make all major decisions regarding the child’s life without input from the other parent.

Developing a Timesharing Schedule

A timesharing schedule, often called a parenting plan, outlines when the child will be with each parent. Florida law requires that every divorce involving children includes a detailed parenting plan. This plan is designed to be flexible, accommodating the needs and schedules of both parents.

A standard timesharing arrangement may include:

Weekday and Weekend Time: Specifies which parent has the child on weekdays, weekends, and any regular activities (e.g., sports or extracurriculars).
Holidays and Special Occasions: Designates which parent will have the child on specific holidays, including birthdays, Mother’s Day, Father’s Day, and school vacations. Many parents choose to alternate these holidays each year.

School Breaks and Vacations: This outline outlines how to divide summer vacations and school breaks. Parents can choose to split these periods equally or alternate each year.

Factors Determining the Best Interest of the Child

When determining custody and timesharing, Florida courts base their decisions on what is in the child’s best interest. Here are some of the factors that the courts consider:

The Child’s Relationship with Each Parent: Courts look at each parent’s relationship with the child and their involvement in daily activities, school, and other aspects of the child’s life.
Parent’s Ability to Meet the Child’s Needs: This includes providing a stable home environment, meeting the child’s physical and emotional needs, and supporting the child’s education.
Moral Fitness of the Parents: The court may consider any past behavior that could affect the child’s well-being, such as substance abuse or a history of domestic violence.
Parent’s Willingness to Co-Parent: Florida favors cooperative parenting, so courts consider each parent’s willingness to encourage a relationship between the child and the other parent.
Child’s Preferences: While younger children’s preferences may not carry much weight, the court may consider the wishes of older children, particularly teenagers, if it is in their best interest.
Parental Responsibility and Involvement: Courts may examine which parent has been the primary caregiver and which has taken on responsibilities such as homework help, medical appointments, and extracurricular activities.
How to Modify Timesharing and Custody Arrangements

Circumstances can change over time, and there may be situations where a parent needs to modify the existing timesharing or custody arrangement. Florida allows for modifications under certain conditions, but it must be based on a substantial, material, and unanticipated change in circumstances. Examples include:
- Relocation: One parent’s relocation may necessitate changing the timesharing schedule, especially if the move affects the child’s ability to maintain regular contact with both parents.
- Job Changes: If one parent’s work schedule changes significantly, the timesharing schedule may need to be adjusted to ensure the child still receives adequate time with both parents.
- Changes in the Child’s Needs: As children grow, their needs may change. For example, a child may develop special medical needs or participate in new activities that require modifying the timesharing schedule.
To modify a timesharing or custody agreement, the requesting parent must file a petition with the court, demonstrating why the changes are necessary.

Visitation Rights for Non-Custodial Parents

In Florida, parents generally have a right to maintain a meaningful relationship with their child, regardless of who has primary physical custody. Non-custodial parents are entitled to a visitation schedule in the timesharing agreement.

Even if one parent has more physical custody, the other parent should receive reasonable visitation unless the court finds that visitation would endanger the child’s safety. In some cases, if there are concerns about safety or well-being, the court may order supervised visitation, in which a third party monitors the visitation.

Parental Relocation and Timesharing

If a parent wishes to relocate more than 50 miles away from their current residence with the child, Florida law requires them to obtain permission from the other parent or the court. The relocating parent must file a Petition to Relocate and notify the other parent, who can agree to the relocation or object. The court will evaluate the relocation request based on factors such as:
- The child’s relationship with each parent
- The child’s age and needs
- The benefits of the relocation for the child and the relocating parent
- Whether the relocation will improve the child’s quality of life
If the relocation is approved, the court may modify the existing timesharing plan to accommodate the new distance.