Child Custody & Timesharing

Florida law no longer uses the word custody. It uses parental responsibility and timesharing — and as of 2023, it presumes that equal timesharing is in a child's best interest.

Overview

Parental Responsibility and Timesharing

Florida separates two distinct questions. Parental responsibility is about decision-making — school, healthcare, religion — and courts strongly prefer shared responsibility unless it would be detrimental to the child. Timesharing is about the schedule: where the child sleeps, and when.

A 2023 amendment created a rebuttable presumption that equal 50/50 timesharing is in the best interest of the child. A parent seeking a different schedule must present evidence overcoming that presumption, which shifted how these cases are prepared and argued.

Every case turns on the statutory best-interest factors: each parent's capacity to meet the child's needs, the stability of each home, the willingness to encourage a relationship with the other parent, the child's school and community record, and any history of violence or substance abuse. Documentation of your actual involvement is the most persuasive evidence you can bring.

Case Types

Custody Matters We Handle

Initial parenting plans and timesharing schedules
Shared and sole parental responsibility
Ultimate decision-making authority
Relocation petitions over 50 miles
Modification of an existing parenting plan
Enforcement and contempt for denied timesharing
Paternity establishment and father's rights
Supervised timesharing requests
Holiday and summer schedule disputes
Right of first refusal provisions
Custody issues involving substance abuse allegations
Grandparent visitation questions

How It Works

Our Approach to Your Case

Build the Record

School records, medical appointments, communication logs, and a documented history of your day-to-day involvement carry more weight than testimony alone.

Propose a Workable Plan

We draft a parenting plan that is specific enough to prevent future conflict — exchanges, holidays, travel, communication, and decision-making all defined.

Mediate or Try

Most schedules are agreed at mediation. Where the presumption of equal timesharing must be challenged or defended, we present the evidence at hearing.

FAQ

Frequently Asked Questions

Is Florida a 50/50 custody state now?+

Since 2023 there is a rebuttable presumption that equal timesharing is in the child's best interest. It is a starting point, not a guarantee — a parent can overcome it with evidence that a different schedule better serves the child.

At what age can a child choose which parent to live with?+

There is no set age in Florida. A court may consider a child's reasonable preference if the child is sufficiently mature, but it is one factor among many and never controls the outcome by itself.

Can I move out of state with my child?+

A relocation of more than 50 miles for 60 days or longer requires either written agreement from the other parent or court approval. Moving without one of those can result in an order to return the child.

What if the other parent will not follow the parenting plan?+

You can file a motion for enforcement and contempt. Courts can order makeup timesharing, award attorney's fees, and in persistent cases modify the plan itself.

How do I change an existing timesharing order?+

You must show a substantial, material, and unanticipated change in circumstances since the last order, and that the modification is in the child's best interest. Dissatisfaction alone is not enough.

Where We Serve

Protect Your Relationship With Your Children.

Use the live chat at the bottom of your screen — day or night. We respond quickly and fight hard for you.