How Is Child Custody Decided in Florida?

When parents in Florida face divorce or separation, one of the most critical and emotional issues they must resolve is child custody. Under Florida law, the court’s primary objective is to make decisions that serve the best interests of the child. Understanding how these decisions are made is vital for parents navigating this complex legal process.
Legal Framework for Child Custody in Florida
Florida uses the term “parental responsibility” rather than “custody.” This concept includes shared parental responsibility and time-sharing arrangements, as established under Florida Statutes Section 61.13. Parental responsibility can either be shared or sole, depending on what the court determines to be in the best interests of the child. Florida law emphasizes that children benefit from frequent and continuing contact with both parents unless there is evidence that such an arrangement would be detrimental to the child.
The court’s decision on custody is guided by several factors that evaluate the welfare of the child and the circumstances of each parent.
Best Interests of the Child Standard
The “best interests of the child” standard is the cornerstone of Florida’s approach to custody cases. Section 61.13(3) outlines the specific factors courts must evaluate to determine what arrangement is in the child’s best interests. These factors include:
- The ability of each parent to foster a close and continuing relationship with the child.
- The division of parental responsibilities after the separation.
- The moral fitness, mental health, and physical health of each parent.
- The child’s home, school, and community record.
- The preferences of the child, if the court deems the child to be of sufficient age and maturity.
- Evidence of domestic violence, child abuse, or neglect.
- The demonstrated knowledge and involvement of each parent in the child’s daily life and activities.
- The stability of the child’s current living environment and the impact of potential changes.
By evaluating these and other relevant factors, the court seeks to create a parenting plan that supports the child’s emotional, educational, and developmental needs.
Parenting Plans and Time-Sharing
Under Florida law, divorcing or separating parents must submit a parenting plan to the court for approval. The parenting plan must include details on how the parents will share daily responsibilities, the time-sharing schedule, and how decisions regarding the child’s health, education, and extracurricular activities will be made.
If the parents cannot agree on a parenting plan, the court will create one based on the child’s best interests. Time-sharing schedules outline the specific times the child will spend with each parent. In most cases, Florida courts favor arrangements that provide the child with frequent and continuing contact with both parents. This is intended to foster meaningful relationships and ensure the child has the support of both parents.
Parenting plans are not a one-size-fits-all solution. The specifics of each plan depend on the family’s unique circumstances, including the child’s age, school schedule, and special needs. For example, parents of infants may need to create a plan that allows for shorter but more frequent visits, while parents of teenagers might prioritize arrangements that accommodate school and extracurricular activities.
Equal Time-Sharing Presumption
Florida law establishes a rebuttable presumption that equal time-sharing is in the best interests of the child. This means that unless evidence is presented to show that equal time-sharing would be harmful, the court starts from the position that both parents should have equal time with the child.
However, this presumption can be challenged. For example, if one parent can demonstrate that the other has a history of domestic violence, substance abuse, or neglect, the court may determine that equal time-sharing is not appropriate. The court will weigh the evidence carefully and decide based on what arrangement will best protect and serve the child.
Modifications to Parenting Plans and Time-Sharing Schedules
Circumstances may change after a parenting plan order is entered, necessitating modifications to the parental responsibility or time-sharing schedule. Florida courts require parents to demonstrate a substantial, material, and unanticipated change in circumstances to justify modifying a custody arrangement. For instance, if a parent moves closer to the other parent after a significant distance previously made equal time-sharing impractical, the court may revisit the custody arrangement to align with the child’s best interests.
Additionally, changes in a parent’s work schedule, the child’s educational needs, or a parent’s health may serve as grounds for a modification. It is important to note that any changes must still prioritize the welfare of the child and meet the legal standard of substantial change.
Relocation With a Child
Florida has specific rules regarding the relocation of a child when a parent seeks to move 50 miles or more from their current residence. As outlined in Section 61.13001, the relocating parent must either obtain written consent from the other parent or file a petition to relocate with the court. The petition must detail the reason for the relocation, the proposed new residence, and a revised time-sharing schedule.
If the non-relocating parent objects, the court will hold a hearing to determine whether the relocation serves the child’s best interests. Factors such as the relocating parent’s job opportunities, the impact on the child’s quality of life, and the feasibility of maintaining a meaningful relationship with the non-relocating parent are considered. Additionally, the court evaluates the logistics of transportation and the ability to maintain consistent contact between the child and the non-relocating parent.
Relocation cases can be particularly contentious, as they often involve significant changes to the child’s living arrangements and time-sharing schedule. It is essential to seek legal counsel if you are considering or contesting relocation.
Enforcement of Custody Orders
When one parent fails to comply with a custody or time-sharing order, the other parent may seek enforcement through the court. Florida law provides various remedies, including make-up time-sharing for the parent who was denied access, financial penalties, and, in severe cases, modification of the parenting plan. Courts may also order non-compliant parents to attend parenting courses or counseling to resolve underlying issues.
For example, if a parent consistently refuses to honor the time-sharing schedule, the court may grant the other parent additional time to compensate for missed visits. In extreme cases, such as repeated violations or behavior that undermines the child’s relationship with the other parent, the court may modify the custody arrangement to protect the child’s best interests.
Importance of Stability for the Child
Florida courts place a strong emphasis on maintaining stability in the child’s life. This includes preserving existing routines, school environments, and relationships with friends and family members. When evaluating custody arrangements, judges carefully consider how changes might impact the child’s sense of security and well-being.
Stability is especially critical during the early stages of a divorce or separation. Sudden disruptions can be emotionally challenging for children, making it essential for parents to prioritize consistency and cooperation as they transition to new arrangements. By working together and seeking legal guidance when necessary, parents can minimize the negative effects of their separation on their child.
Working With a Florida Child Custody Lawyer
Navigating child custody laws in Florida can be overwhelming, especially when emotions are high. Working with an experienced child custody lawyer ensures that your rights are protected and that the final arrangement serves your child’s best interests. Legal professionals can assist with developing parenting plans, advocating for your position in court, and addressing modifications or enforcement issues as they arise.
Additionally, a divorce and family law lawyer can provide valuable insight into how the court may view specific factors in your case, such as your living situation, work schedule, or history of involvement in your child’s life. This guidance can help you make informed decisions and present a compelling case to the court.
Sarasota, Bradenton, and Venice, Florida Child Custody Lawyer
If you are facing child custody issues in Sarasota, Bradenton, Lakewood Ranch, or Venice, Florida, securing knowledgeable legal guidance is crucial. The experienced attorney at the Law Offices of Matthew Z. Martell, P.A., is here to help you understand your legal rights and options. Contact the Law Offices of Matthew Z. Martell, P.A. by calling (941) 556-7020 or contacting us online for a consultation. Let us assist you in creating a solution that prioritizes your child’s well-being and protects your parental rights.