Florida law presumes that equal time-sharing (50/50 custody) is in the best interests of every child, a presumption established by HB 1301 effective July 1, 2023. Under Fla. Stat. § 61.13, courts must award both parents equal parenting time unless one parent proves by a preponderance of evidence that this arrangement would harm the child. The filing fee to initiate a custody case in Florida is $408 statewide, and the court must evaluate 19 statutory best-interest factors before making any custody determination.
| Key Fact | Florida Requirement |
|---|---|
| Filing Fee | $408 statewide (as of March 2026) |
| Waiting Period | 20 days minimum after service |
| Residency Requirement | 6 months for divorce; 6 months for UCCJEA child custody jurisdiction |
| Custody Presumption | Equal time-sharing (50/50) since July 1, 2023 |
| Decision-Making | Shared parental responsibility presumed |
| Modification Standard | Substantial and material change in circumstances |
What Is the Difference Between Joint Custody and Sole Custody in Florida
Florida abolished the terms "custody" and "visitation" in 2008, replacing them with "parental responsibility" (decision-making authority) and "time-sharing" (physical time with the child). Under Fla. Stat. § 61.13, shared parental responsibility means both parents participate equally in major decisions regarding education, healthcare, and religious upbringing. Sole parental responsibility grants one parent exclusive decision-making authority, typically ordered only when shared responsibility would be detrimental to the child due to domestic violence, abuse, or abandonment.
The distinction matters for day-to-day life: parents with shared parental responsibility must consult each other on school enrollment, medical procedures, and extracurricular activities. Parents with sole parental responsibility can make these decisions unilaterally. However, even a parent with sole parental responsibility may still receive time-sharing with the child unless the court finds that contact would endanger the child.
Florida courts strongly favor shared arrangements. According to Fla. Stat. § 61.13(2)(c)2, there is a rebuttable presumption that equal time-sharing serves the child's best interests. This means the starting point in every Florida custody case is a 50/50 split, and the parent seeking a different arrangement bears the burden of proving why equal time-sharing would harm the child.
How Florida's Equal Time-Sharing Presumption Works
Effective July 1, 2023, Florida HB 1301 fundamentally changed custody law by creating a rebuttable presumption of equal time-sharing. Before this law, Florida courts had no presumption favoring either parent or any specific schedule. Now, under Fla. Stat. § 61.13(2)(c)2, courts must begin with the assumption that a 50/50 time-sharing arrangement is best for every child. This presumption applies to all new cases filed on or after July 1, 2023, as well as modifications of existing orders.
To overcome this presumption, a parent must prove by a preponderance of the evidence (more likely than not, or greater than 50% probability) that equal time-sharing is not in the child's best interests. The court will then evaluate all 19 statutory factors listed in Fla. Stat. § 61.13(3) to determine the appropriate time-sharing schedule. The judge must make written findings on each relevant factor explaining why the final arrangement serves the child's best interests.
This presumption does not guarantee every parent will receive exactly 50% of parenting time. Factors such as geographic distance between parents' homes (especially for school-age children), work schedules, and the child's developmental needs may justify an unequal split. However, the parent seeking less than 50% time-sharing must provide specific evidence rather than relying on general assertions.
The 19 Best-Interest Factors Florida Courts Must Consider
Florida courts must evaluate 19 specific factors under Fla. Stat. § 61.13(3) when determining time-sharing and parental responsibility. Judges have discretion to weigh these factors differently depending on the circumstances of each case, and they may consider additional relevant factors beyond the statutory list.
- Each parent's demonstrated capacity to facilitate a close, continuing parent-child relationship and honor the time-sharing schedule
- Each parent's anticipated division of parental responsibilities after litigation, including time third parties spend caring for the child
- Each parent's demonstrated capacity to put the child's needs above their own
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
- The geographic viability of the parenting plan, with attention to school-age children's needs and travel time
- The moral fitness of the parents
- The mental and physical health of the parents
- The home, school, and community record of the child
- The reasonable preference of the child, if the court finds the child has sufficient intelligence, understanding, and experience
- Each parent's demonstrated knowledge, capacity, and disposition to be informed about and address the child's developmental needs
- Each parent's demonstrated capacity to provide a consistent routine for the child
- Each parent's demonstrated capacity to communicate and keep the other parent informed about the child's issues and activities
- Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
- Evidence that either parent has knowingly provided false information to the court regarding domestic violence
- The particular parenting tasks customarily performed by each parent and each parent's ability to maintain those responsibilities
- The demonstrated capacity of each parent to participate and be involved in the child's school and extracurricular activities
- The demonstrated capacity of each parent to maintain an environment free from substance abuse
- The capacity of each parent to protect the child from ongoing litigation
- The developmental stages and needs of the child and each parent's demonstrated capacity to meet those needs
When Florida Courts Award Sole Parental Responsibility
Florida courts award sole parental responsibility only when shared parental responsibility would be detrimental to the child. Under Fla. Stat. § 61.13(2)(c)3, this determination typically involves evidence of domestic violence, child abuse, child neglect, or abandonment. The court may also consider a parent's substance abuse, mental health issues that impair parenting ability, or a demonstrated pattern of undermining the other parent's relationship with the child.
A criminal conviction creates a rebuttable presumption against shared parental responsibility. If a parent has been convicted of or had adjudication withheld for domestic violence, child abuse, or certain sexual offenses, the court presumes that awarding shared responsibility would harm the child. The convicted parent must then prove by clear and convincing evidence that shared responsibility would serve the child's best interests despite the conviction.
Sole parental responsibility does not automatically eliminate the other parent's time-sharing rights. A parent with no decision-making authority may still receive supervised or unsupervised visitation time. However, when serious safety concerns exist, the court may order supervised time-sharing through a professional supervision service (costing $25-75 per hour) or a trusted third party.
Joint Custody vs. Sole Custody in Florida: Key Differences
| Factor | Shared Parental Responsibility (Joint) | Sole Parental Responsibility |
|---|---|---|
| Decision-Making | Both parents must agree on major decisions | One parent decides alone |
| Legal Presumption | Presumed to be in child's best interest | Only when shared would be detrimental |
| Time-Sharing | Presumed 50/50 equal time-sharing | May still include time-sharing |
| Communication Required | Parents must consult on education, health, religion | No consultation required |
| Burden of Proof | Parent opposing shared must prove harm | Parent seeking sole must prove detriment |
| Common Circumstances | Most divorces and custody cases | Domestic violence, abuse, neglect, abandonment |
| Modification | Substantial, material change required | Same standard applies |
How to Overcome the Equal Time-Sharing Presumption
A parent seeking less than 50% time-sharing for the other parent must present specific evidence demonstrating why equal time-sharing would harm the child. General statements about the other parent's inadequacy are insufficient. Instead, the court requires documented evidence tied to the 19 statutory factors, such as police reports, medical records, testimony from teachers or therapists, or evidence of the child's deteriorating academic or emotional well-being during time with the other parent.
Strong arguments for overcoming the presumption include: geographic distance between parents' homes exceeding 50 miles (making weekly exchanges impractical for school-age children), documented substance abuse affecting parenting ability, a parent's work schedule that conflicts with the child's routine, evidence that one parent consistently fails to exercise ordered time-sharing, or proof that equal time-sharing has already harmed the child's academic performance, emotional stability, or relationships.
The court will also consider the child's age and developmental needs. For infants under 18 months, attachment research supports primary caregiver arrangements with shorter, more frequent contact with the other parent. For teenagers, the child's reasonable preference carries more weight, particularly if the child demonstrates maturity and can articulate specific reasons for their preference.
Florida Parenting Plan Requirements
Every Florida custody case requires a court-approved parenting plan under Fla. Stat. § 61.13(2)(b). The parenting plan must describe in detail how the parents will share daily tasks, time-sharing arrangements, and decision-making responsibilities. Florida provides a standardized parenting plan form, but parents may also create customized plans that address their family's specific needs.
Required elements of a Florida parenting plan include:
- A time-sharing schedule specifying overnight stays, holidays, school breaks, birthdays, and special occasions
- How parents will communicate about the child's welfare, activities, and emergencies
- Which parent is responsible for healthcare, school-related matters, and extracurricular activities
- Methods for resolving disputes between parents (mediation, arbitration, or returning to court)
- Provisions for parental relocation more than 50 miles from the current residence
- Designation of the residential parent for school enrollment purposes
- Transportation arrangements for time-sharing exchanges
The mandatory Parent Education course under Fla. Stat. § 61.21 costs $15-50 per parent and must be completed before the court will finalize any parenting plan. Both parents must file proof of completion with the clerk.
Modifying a Florida Custody Order
Modifying a parenting plan or time-sharing schedule requires proving a substantial and material change in circumstances under Fla. Stat. § 61.13(2)(c)1. The 2023 amendment (HB 1301) eliminated the previous requirement that changes be unanticipated. Now, any substantial change—whether anticipated or not—may justify modification if the change also serves the child's best interests.
Common grounds for modification include: a parent relocating more than 50 miles, a parent who previously lived more than 50 miles away moving closer (this now explicitly qualifies as substantial change), a child's educational needs requiring a schedule adjustment, one parent's failure to exercise time-sharing, changes in work schedules, or evidence that the current arrangement is harming the child.
The modification petition filing fee is $50, significantly less than the $408 initial filing fee. The parent requesting modification bears the burden of proving both the substantial change and that the requested modification serves the child's best interests. If the modification would reduce the other parent's time-sharing, the same 19 best-interest factors apply.
Florida UCCJEA Jurisdiction Requirements
Florida courts can only make custody determinations if they have jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Fla. Stat. §§ 61.501-61.542. Home state jurisdiction is the primary basis: the child must have lived in Florida for at least 6 consecutive months immediately before the custody case is filed. For children under 6 months old, the home state is where the child has lived since birth.
Alternative jurisdiction bases include significant connection jurisdiction (the child has substantial ties to Florida, such as living with grandparents, attending school, or receiving medical care here), more appropriate forum jurisdiction (another state declines jurisdiction because Florida is more convenient), and default jurisdiction (no other state qualifies). Every custody petition must include a verified UCCJEA affidavit listing everywhere the child has lived for the past 5 years.
Once Florida issues an initial custody order, Florida retains exclusive continuing jurisdiction under Fla. Stat. § 61.522 until neither the child nor either parent resides in Florida, or a Florida court determines another state is a more appropriate forum.
Costs of a Florida Custody Case
The court filing fee for a custody case in Florida is $408 statewide, plus a $10 summons fee. This fee applies whether custody is addressed as part of a divorce or in a separate paternity case. Additional costs include process server fees ($40-75), certified copies ($2 per page), and motion filing fees ($50-100 per motion).
Total custody case costs vary dramatically based on whether the case is contested:
| Case Type | Typical Cost Range | Timeline |
|---|---|---|
| Uncontested (parents agree) | $2,500-5,000 | 30-60 days |
| Mediated settlement | $5,000-10,000 | 60-120 days |
| Contested litigation | $15,000-50,000 | 6-18 months |
| High-conflict with trial | $50,000-100,000+ | 12-24 months |
Florida divorce attorney fees range from $260-600 per hour, with most family law attorneys charging $300-400 hourly. A guardian ad litem for contested custody disputes costs $1,500-5,000. Private mediators charge $200-350 per hour, with total mediation costs averaging $3,000-8,000 for both parties.
Fee waivers are available for parents earning under 200% of federal poverty guidelines (approximately $31,200 for individuals, $42,400 for couples in 2026). The Application to Determine Civil Indigent Status must be filed with the clerk.
How Florida Courts Handle Domestic Violence in Custody Cases
Domestic violence significantly impacts Florida custody determinations. Under Fla. Stat. § 61.13(2)(c)2, a parent convicted of or adjudicated for domestic violence, child abuse, or certain sexual offenses faces a rebuttable presumption against shared parental responsibility and time-sharing. The convicted parent must prove that shared responsibility or unsupervised time-sharing would not endanger the child.
Even without a conviction, allegations of domestic violence must be considered under factor 13 of the best-interest analysis. The court will examine police reports, protective orders, medical records, photographs, and witness testimony. False allegations of domestic violence are also taken seriously: factor 14 requires the court to consider evidence that a parent knowingly provided false information about domestic violence.
Protective measures the court may order include: supervised time-sharing at a professional center ($25-75 per hour), completion of a batterer's intervention program (typically 26 weeks), substance abuse evaluation and treatment, prohibition on overnight time-sharing, and no contact except through a court-approved communication app like OurFamilyWizard or TalkingParents.
Frequently Asked Questions
What is the difference between legal custody and physical custody in Florida?
Florida does not use the terms "legal custody" or "physical custody." Instead, Florida law under Fla. Stat. § 61.13 uses "parental responsibility" for decision-making authority and "time-sharing" for physical time with the child. Shared parental responsibility means both parents make major decisions together. Time-sharing refers to the schedule of when the child is with each parent.
Does Florida favor mothers in custody cases?
Florida law explicitly prohibits favoring either parent based on gender. Under Fla. Stat. § 61.13(2)(c)1, there is no presumption for or against either the father or mother. Since July 1, 2023, Florida presumes equal time-sharing (50/50) for both parents. The court evaluates each parent's ability to meet the child's needs based on the 19 statutory best-interest factors.
At what age can a child decide which parent to live with in Florida?
Florida has no specific age at which a child can choose their custodial parent. Under Fla. Stat. § 61.13(3), the court may consider "the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference." Judges typically give more weight to preferences of children 12 and older, but the child's preference is just one of 19 factors.
How is joint custody vs. sole custody determined in Florida?
Florida courts presume shared parental responsibility (joint custody) serves the child's best interests. To obtain sole parental responsibility, a parent must prove that shared responsibility would be "detrimental to the child." Evidence of domestic violence, child abuse, substance abuse, or abandonment can support an award of sole parental responsibility. The court must make written findings explaining why shared responsibility is inappropriate.
Can grandparents get custody in Florida?
Grandparents may petition for temporary custody under Fla. Stat. § 751 if both parents consent, the child has lived with the grandparent for at least 6 months, or there is evidence of abuse, abandonment, or neglect. Grandparents cannot seek time-sharing (visitation) over a fit parent's objection unless the child resided with the grandparent within the past 6 months.
How does relocation affect custody in Florida?
A parent with time-sharing who wants to relocate more than 50 miles from the current residence must either obtain the other parent's written consent or petition the court under Fla. Stat. § 61.13001. The relocating parent must prove the move is in good faith and serves the child's best interests. If the other parent objects, the court will hold a hearing and may modify the parenting plan.
What is a typical 50/50 custody schedule in Florida?
Common 50/50 schedules in Florida include: week-on/week-off (alternating full weeks), 2-2-3 rotation (2 days with Parent A, 2 days with Parent B, 3 days alternating), and 3-4-4-3 (3 days, then 4 days, alternating each week). The court considers factors like the distance between homes, parents' work schedules, and the child's school and activity schedules when approving a time-sharing schedule.
How long does a custody case take in Florida?
Uncontested custody cases in Florida typically conclude within 30-60 days after filing. Contested cases requiring mediation take 60-120 days. Cases proceeding to trial average 6-18 months, with high-conflict cases involving custody evaluations or guardian ad litem appointments extending to 12-24 months. The mandatory 20-day waiting period after service applies to all cases.
Can I modify a custody order if my ex moves closer?
Yes. Under HB 1301 (effective July 1, 2023), if a parent who previously lived more than 50 miles away moves within 50 miles of the other parent, this qualifies as a "substantial and material change in circumstances" under Fla. Stat. § 61.13(2)(c)1. You may petition to modify the parenting plan to request additional time-sharing now that the geographic barrier is reduced.
Does equal time-sharing affect child support in Florida?
Yes. Florida's child support guidelines under Fla. Stat. § 61.30 include adjustments based on the number of overnight stays each parent has with the child. When each parent has the child for 73 or more overnights per year (20% or more time-sharing), the court applies the extended guidelines worksheet, which typically reduces the child support obligation compared to a sole custody arrangement.