The law in plain words
Florida presumes equal time-sharing is best for the child. Under [Florida Statutes 61.13](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html), parents share decisions unless sharing would harm the child.
The words Florida uses
Florida replaced custody with two ideas.
- Parental responsibility is decision-making. It is shared or sole.
- Time-sharing is the schedule of overnights and holidays with each parent.
Both go into a parenting plan. Even with shared responsibility, a court can give one parent the final say on an area such as school or health care.
Is Florida a 50/50 state?
Since July 1, 2023, yes, as a starting point. Section 61.13 creates a rebuttable presumption that equal time-sharing is in the child's best interest.
Rebuttable means it can be overturned. The parent who wants a different split must prove, more likely than not, that equal time is wrong for this child.
Unless the parents agree on a schedule, the judge must write findings on every factor. Equal time also does not end child support.
When one parent decides alone
Shared decision-making is the default. A court orders sole parental responsibility only if sharing would be detrimental to the child.
A conviction for first-degree misdemeanor domestic violence or worse creates a presumption that sharing is harmful. Sole responsibility can come with or without time-sharing for the other parent.
The factors a judge weighs
Section 61.13(3) lists twenty factors. Several are about everyday parenting, which a record can show:
- supporting the child's bond with the other parent and honoring the schedule
- putting the child's needs ahead of your own
- knowing the child's friends, teachers, doctors and favorite things
- keeping a steady routine for homework, meals and bedtime
- keeping the other parent informed about the child
- taking part in school and activities
- who did the parenting tasks before and during the case
- keeping the child out of the court case
Others cover stability, moral fitness, health, the child's preference and any domestic violence or abuse.
Mothers' and fathers' rights
The equal time-sharing presumption applies to both parents. What moves a Florida judge is evidence under the twenty factors.
One difference matters for unmarried parents. Until paternity is established, the mother has primary residential care unless a court orders otherwise.
If you were never married
Under [Florida Statutes 744.301](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/Sections/0744.301.html), an unmarried mother is the child's natural guardian until paternity is established. After that, both parents are natural guardians.
Paternity can be set by a court or by a voluntary acknowledgment. Either signer can withdraw it within 60 days. A court or administrative case about the child can end that right sooner.
A signed acknowledgment does not create a schedule. A father still files a paternity case to get a parenting plan and time-sharing. The court forms are the 12.983 series.
Safety and domestic violence
When deciding whether sharing would harm the child, the court must consider evidence of domestic violence or abuse. That applies even if no case was ever filed.
Since July 1, 2024, a parenting plan must name where exchanges happen, unless both parents agree otherwise in writing. A court can order exchanges at a neutral safe location.
If a parent asks, and the court finds domestic violence would compromise mediation, the court must not send the case there.
When a parent keeps the child from you
Unpaid child support does not let a parent withhold time-sharing. If a parent refuses scheduled time without proper cause, the court must award make-up time.
It can also order the refusing parent to pay fees, take a parenting course or accept a changed plan.
Your child's preference
Florida sets no age at which a child chooses. A judge weighs the preference if the child has enough understanding and experience to have one.
Children are not brought to court or questioned without a court order. A guardian ad litem may be appointed to look into the child's situation instead.
Moving 50 miles or more
Under [Florida Statutes 61.13001](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html), a relocation is a move of 50 miles or more for at least 60 days in a row.
If the parents agree, they put it in writing. Otherwise the moving parent files a sworn petition. It must include the new address, the reasons and a proposed schedule.
The other parent then has 20 days after service to object in writing. Without an objection, the move is presumed to be in the child's best interest.
With an objection, the parent cannot move until the court allows it. Moving out of state follows the same process.
Changing a parenting plan
You must show a substantial and material change in circumstances, and that the change is best for the child. Since 2023, the change no longer has to be unanticipated.
If the parents lived over 50 miles apart and one moves within 50 miles, that can count as the change. The forms are the 12.905 series.
How to file for custody in Florida
Custody cases are filed with the clerk of the circuit court in your county. For a first order, Florida usually needs to have been the child's home for six straight months.
- Pick the right case. Married parents file inside a divorce. Unmarried parents file a paternity case using the 12.983 forms.
- Prepare a parenting plan. Form 12.995(a) is the standard plan. There are safety-focused and long-distance versions too.
- Take the parenting course. It lasts at least four hours. In a divorce, finish it within 45 days of filing or of being served. Paternity cases set different deadlines.
- Go to mediation if ordered. Many circuits send custody disputes there first. It must finish within 75 days of the first session, unless the court orders otherwise.
The Florida courts' self-help pages list every form.
Agreeing without a trial
Parents can agree on a parenting plan, and the court approves it. A mediated agreement approved by the court becomes an enforceable order.
If you cannot agree, the judge sets the plan after weighing the factors. The court may first order a home study.
What changed recently
Several laws changed Florida custody in 2023 and 2024.
- Equal time-sharing (July 1, 2023): the rebuttable presumption, and an easier test for changing a plan.
- Greyson's Law (July 1, 2023): more weight on a reasonable fear of domestic violence.
- Unmarried fathers (July 1, 2023): a father who establishes paternity becomes a natural guardian.
- Cassie Carli Law (July 1, 2024): parenting plans must name exchange locations.
Building the record
Many Florida factors ask who actually does the parenting. Homework, bedtime, school contact and doctor visits are answered with dates, not adjectives.
Note each exchange, each missed visit and each refused time-share as it happens. Casewell keeps those notes and the messages behind them together. A lawyer or mediator can then read a clear timeline.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Florida time-sharing record
Florida judges write findings on each factor. Keep these items current so the facts are ready when they ask.
Keep the record Florida's factors ask for
Casewell keeps your dated entries, the files behind them and any changes to the plan in one private place. Export the period a mediator or lawyer needs as a focused PDF.
Is Florida a 50/50 custody state?
As a starting point, yes. Since July 1, 2023, Florida Statutes 61.13 presumes equal time-sharing is best for the child. A parent can overturn that by showing equal time is more likely than not wrong for the child.
What is the new law for child custody in Florida?
The main change is the equal time-sharing presumption from July 1, 2023. Since July 1, 2024, parenting plans must also name the places where exchanges happen.
Who has custody of a child in Florida if the parents are not married?
Until paternity is established, the mother is the natural guardian with primary residential care. After paternity is established, both parents are natural guardians, and a father files a paternity case for a parenting plan.
Does a father have 50/50 rights in Florida?
The equal time-sharing presumption applies to both parents. An unmarried father first needs paternity established, then a court order setting time-sharing.
How far can I move with my child in Florida?
A move of 50 miles or more for at least 60 days is a relocation. You need written agreement or a court order. The other parent has 20 days after service to object.
Do I need a parenting class in Florida?
Yes, in a divorce with children or a paternity case about parental responsibility. The course lasts at least four hours. In a divorce, it is due within 45 days of filing or being served. Paternity cases set different deadlines.
Sources
This page summarizes the 2026 Florida Statutes, Florida session laws and the Florida courts' self-help pages as of October 2026. It explains the law in general terms and is not legal advice.
- Florida Statutes 61.13 โ parenting plans, time-sharing and the best-interest factors checked
- Florida Statutes 61.13001 โ parental relocation with a child checked
- Florida Statutes 61.046 โ definitions of parenting plan, time-sharing and parental responsibility checked
- Florida Statutes 744.301 โ natural guardians, including unmarried parents checked
- Florida Statutes 742.10 โ establishing paternity checked
- Florida Statutes 61.21 โ the parenting course checked
- Florida Statutes 61.183 โ mediation of custody issues checked
- Laws of Florida ch. 2023-301 โ the equal time-sharing presumption (effective July 1, 2023) checked
- Laws of Florida ch. 2024-226 โ the Cassie Carli Law (effective July 1, 2024) checked
- Florida Courts โ family law self-help and forms checked