Child Custody Basics in Florida

Florida law does not use the word custody. Under Florida Statutes section 61.13, decisions about children are divided into parental responsibility, which covers major decisions such as education, healthcare, and religion, and time-sharing, which is the physical schedule of when the child is with each parent.

Every case involving minor children must include a parenting plan that sets out both the parental responsibility arrangement and the time-sharing schedule. The parenting plan is the document the court reviews and approves.

A significant change took effect on July 1, 2023, and remains the law in 2026. Under section 61.13(2)(c)1, Florida courts now start from a rebuttable presumption that equal time-sharing of a minor child is in the child’s best interests. Before this amendment, the statute said there was no presumption for or against either parent or any specific schedule.

The word rebuttable is the key. A parent who believes equal time-sharing is not right for the child can try to overcome the presumption by proving, by a preponderance of the evidence (meaning more likely than not), that equal time-sharing is not in the child’s best interests.

The presumption does not make Florida an automatic 50/50 state. Equal time-sharing is the starting point, not a guaranteed result. The court still weighs the best-interests factors listed in section 61.13(3), such as each parent’s ability to meet the child’s needs, and it makes written findings unless the parents agree on a schedule that the court approves.

In practice, the schedule a court orders depends on the facts of the individual case, not on a fixed formula.

Moving with a child is tightly regulated. Under Florida Statutes section 61.13001, a relocation means moving the child’s principal residence at least 50 miles away for at least 60 consecutive days, not counting temporary absences for vacation, education, or health care.

A parent who wants to relocate generally needs the other parent’s written consent or must file a petition. If the other parent objects, that parent usually has 20 days to file a written objection, after which the relocating parent must prove the move is made in good faith and is in the child’s best interest. One common misunderstanding in South Florida is that the 50-mile distance is measured as a straight line (as the crow flies), not by driving distance, so a long commute does not by itself count as a relocation. Reading this guide does not create an attorney-client relationship. For advice about your own situation, speak with a licensed Florida attorney.