What “custody” means in Florida
Florida law no longer uses the word “custody.” Instead, courts address parental responsibility (who makes major decisions about the child) and time-sharing (the schedule for when the child is with each parent). Both are set out in a parenting plan, which the court must approve.
How Florida law handles it
Parenting plan and time-sharing decisions are based on the best interests of the child, and courts are required to consider specific statutory factors when evaluating what arrangement is appropriate. These issues arise in divorce and in paternity cases, and can later be modified when circumstances substantially change.
How we help
- Develop and negotiate parenting plans and time-sharing schedules, including “50-50” time-sharing questions
- Represent you in mediation, hearings and trial
- Address school, work-schedule and safety or stability concerns
- Coordinate time-sharing with child support, since overnights affect the support calculation
- Seek modification or enforcement of existing parenting plans
Frequently asked questions
What is a parenting plan?
A parenting plan is a court-approved document that addresses parental responsibility, time-sharing and decision-making for the child.
Can a parenting plan be changed later?
Yes, when changes affect the child’s best interests and meet the legal standards for modification. Minor or temporary changes are usually not enough.
Does time-sharing affect child support?
Yes. The number of overnights each parent has is one of the factors in Florida’s child support guidelines.