Navigating Child Custody Disputes in Florida

Florida refers to child custody as parental responsibility and time-sharing. Under Florida Statute §61.13, the court requires a written parenting plan that allocates decision-making authority (education, health care, extracurricular activities) and sets a time-sharing schedule in the best interests of the child.

As of 2023, Florida law includes a rebuttable presumption that equal time-sharing is in a child’s best interests, though a parent may rebut this with evidence showing that equal time is not appropriate.

Key Terms the Court Uses

  • Parental Responsibility: Who makes major decisions for the child (often “shared,” unless evidence shows it would be harmful).

  • Time-Sharing: The schedule specifying when the child resides with each parent.

  • Parenting Plan: The court-approved document that outlines time-sharing, decision rights, daily routines, and dispute-resolution methods.

Best-Interests Factors the Judge Must Weigh

Under §61.13(3), Florida Statutes, courts consider factors such as:

  • Each parent’s capacity to foster a close and continuing relationship with the child.

  • Willingness to honor the time-sharing schedule.

  • Ability to provide a stable routine.

  • Capacity to meet the child’s developmental needs.

  • The child’s school and community record.

  • Moral fitness and mental/physical health of each parent.

  • Evidence of domestic violence or substance abuse.

A conviction for certain domestic violence offenses creates a rebuttable presumption that shared or unrestricted time-sharing would be detrimental (§61.13(2)(c)).

The 2023–2024 Changes You Should Know

  • Equal time-sharing presumption: Courts now start from a presumption of equal time (§61.13(2)(c)2), which may be rebutted by evidence showing it’s not in the child’s best interests.

  • Modification standard updated: In Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005), the Florida Supreme Court required a “substantial, material, and unanticipated” change to modify custody. The Legislature removed the “unanticipated” element in §61.13(3).

Starting (or Responding to) a Custody Case

  1. File for Dissolution or Paternity: Time-sharing and parental responsibility are addressed within a divorce or paternity action under Chapter 61, Florida Statutes.

  2. Parenting Course: Most parents must complete a state-approved parenting course (§61.21).

  3. Temporary Relief: Courts may issue temporary parenting plans during litigation.

  4. Evaluations: Courts may order a social investigation (§61.20) or appoint a guardian ad litem (§61.401-.405).

Modifying a Parenting Plan After Final Judgment

To modify, a parent must show:
(1) a substantial and material change in circumstances, and
(2) that modification is in the child’s best interests (§61.13(3)).
The Wade v. Hirschman standard applies, minus the “unanticipated” element.

Enforcement When a Plan Is Ignored

Courts may order make-up time, parenting courses, counseling, attorney’s fees, or modify terms to protect the child’s interests. Willful violations may lead to contempt sanctions (§61.13(4)(c)).

Relocation (Moving 50+ Miles)

Under §61.13001, a move of 50 miles or more for 60 consecutive days is considered a relocation. A parent must either obtain written consent from the other parent or file a sworn petition; the other parent generally has 20 days to object. Courts evaluate statutory factors with no presumption for or against relocation.

Special Situations

  • Military Deployment: Temporary modifications apply during deployment (§61.13002).

  • Jurisdiction: Interstate disputes follow the UCCJEA (§§61.501–61.542).

  • Substance Abuse/Mental Health: Courts may order testing, treatment, or supervision when safety concerns exist.

Why Work With the Law Offices of Adam G. Hill

Our firm provides:

  • Florida-specific strategies rooted in the latest statutory changes and controlling case law.

  • Detailed, child-focused parenting plans.

  • Strong advocacy in court when necessary, and practical settlement approaches when they serve your child’s needs.

Whether you need an initial parenting plan, help with a relocation request, or a post-judgment modification, we’re ready to guide you. Contact the Law Offices of Adam G. Hill to schedule a free confidential consultation and protect your relationship with your child.