How Florida handles custody
Florida does not use the word custody in its statutes. Instead, it speaks of parental responsibility, which is decision-making authority, and time-sharing, which is the schedule of time each parent spends with the child. Every case requires a parenting plan.
Florida usually starts from shared parental responsibility, where both parents take part in major decisions, unless that would harm the child.
What guides the decision
Time-sharing and responsibility are decided by the best interests of the child. The court weighs a list of statutory factors, including:
- Each parent's ability to meet the child's needs
- The stability of each home
- The child's school and community ties
- Each parent's willingness to support the child's relationship with the other
- Any history of violence or substance abuse
- The moral fitness and mental and physical health of the parents
The parenting plan
A Florida parenting plan sets out the time-sharing schedule, how decisions are made, and how parents communicate. It becomes a court order, so it should be specific enough to prevent future conflict.
Changing an order
A time-sharing order can be modified when there is a substantial, material, and unanticipated change in circumstances and a change serves the child's best interests.
How Noah helps
Noah helps parents build a workable plan and advocates for an arrangement that protects the child and the parent's relationship with them. Call 305-333-0272.
Common questions
Does Florida use the term custody?
Not in its statutes. Florida uses parental responsibility for decision-making and time-sharing for the parenting schedule, set out in a parenting plan.
Does Florida favor the mother in custody cases?
No. Time-sharing and parental responsibility are decided on the best interests of the child, regardless of the parent's gender.