Florida Time-Sharing and Custody: Parenting Plans, Relocation and Support
If you are a parent in Florida and your relationship is ending, the words you hear in court may surprise you. Florida law does not use custody and visitation. It uses parental responsibility and time-sharing, and the difference matters from the first form you fill out.
This post explains the main ideas behind Florida time-sharing and custody in plain language: who makes decisions, how the schedule is set, what a parenting plan must cover, and what happens when a parent wants to move. It is legal information for learning purposes, not legal advice about your family.
Parental responsibility vs time-sharing in Florida
A Florida case about children rests on two separate ideas. Parental responsibility is the authority to make the major decisions about a child. Time-sharing is the schedule of when the child is with each parent. The guide explains both under Chapter 61 of the Florida Statutes and why mixing them up causes trouble.
Section 61.13 directs courts toward shared parental responsibility unless sharing would be detrimental to the child. The guide explains what shared and sole parental responsibility mean in daily life.
What is the Florida equal time-sharing presumption?
On July 1, 2023, Florida added a rebuttable presumption that equal time-sharing is in the best interests of a minor child. Rebuttable means it is a starting point, and a parent can offer evidence that a different schedule serves the child better.
The presumption did not replace the best-interests factors in § 61.13. The guide walks through how the presumption and the factors work together, and what courts look at when parents do not agree.
Shared and sole parental responsibility
The 2023 equal time-sharing presumption
The best-interests factors in § 61.13
How a time-sharing schedule is built
What goes into a Florida parenting plan?
Every Florida case involving time-sharing ends with a parenting plan approved by the court. The plan sets the schedule, including overnights and holidays, and says how the parents will share decisions and communicate.
The guide explains what a parenting plan covers and how to build a schedule that fits school, work and distance. Florida also requires parents in these cases to complete a parent education course under § 61.21.
How does parental relocation work in Florida?
Moving with a child is one of the most disputed issues in Florida family cases. The relocation statute, § 61.13001, uses a 50-mile, 60-day rule to define a relocation. A parent who wants to relocate needs either a written agreement or the court's permission.
The guide explains the agreement path, the petition path and what happens when the other parent objects or does not respond in time.
Child support and changing an order
Florida sets child support with an income shares guideline in § 61.30, and the number of overnights each parent has can change the amount. The guide explains the guideline, the overnight adjustment and what counts as income.
Orders can be changed when life changes. The guide explains the standards for modifying time-sharing and for modifying support, and it covers paternity for unmarried parents, including the rights of a father who has established paternity.
Income shares child support under § 61.30
The overnight adjustment
Modifying time-sharing
Modifying child support
Paternity for unmarried parents
Frequently asked questions
Does Florida presume equal time-sharing?
Yes. Since July 1, 2023, Florida law starts with a rebuttable presumption that equal time-sharing is in the child's best interests. The guide explains how a parent can rebut it and how the best-interests factors still apply.
Can a parent move away with a child in Florida?
Florida's relocation statute, § 61.13001, uses a 50-mile, 60-day rule. The guide explains when a move counts as a relocation and the steps a parent must take first.
Is a parenting plan required in Florida?
A parenting plan is established and approved by the court in any case where time-sharing is at issue. The guide explains what the plan must cover and how the schedule is written.
Get the full guide
Get Child Custody and Time-Sharing in Florida from STACKED LEGAL to understand parental responsibility, time-sharing and support before you build a parenting plan. It is available in paperback and eBook. Read Child Custody and Time-Sharing in Florida.
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Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Florida attorney.
