Florida Child Custody Laws
Child custody in Florida is called parental responsibility and time sharing. Courts decide based on a childâs best interests and require a parenting plan that sets decision making and the time sharing schedule under
Fla. Stat. § 61.13. Current law creates a rebuttable presumption for equal time sharing in new and modified cases unless evidence shows otherwise. Custody questions often arise during a divorce, where parenting plans are decided alongside support and other issues.
Child Custody Solutions for Central Florida Families
Every family is different. Whether you are working toward a shared schedule or asking the court for limits based on safety or logistics, the goal is a plan that fits your childâs needs and daily routine.
Parental responsibility (legal custody)
Covers major decisions for education, health care, activities, and religion. Florida uses the term parental responsibility instead of legal custody. It may be shared or, with proof of detriment, allocated to one parent under Fla. Stat. § 61.13.
Time sharing (physical custody)
Sets the parenting schedule. Plans can be equal or non-equal based on the best interests factors. Transportation, exchanges, and communication are part of the written plan required by Fla. Stat. § 61.13.
Visitation and make-up time
Florida uses the term time sharing rather than visitation. Schedules typically include holidays, school breaks, and make-up time when parenting time is missed.
Some custody concerns can be resolved through a detailed parenting plan, while others may require faster court involvement. If immediate safety, access, or stability issues affect your child, emergency custody orders may be an option while the broader parenting plan or time-sharing dispute is addressed.
What Florida Courts Considerâ
Judges review statutory factors such as a childâs needs, each parentâs capacity to meet those needs, the home, school, and community record, health and safety, co-parenting history, and other facts relevant to best interests under Fla. Stat. § 61.13. A parenting plan is required whenever a case involves a minor child.
Navigating the Child Custody Process
Parenting Plans and Time Sharing
A parenting plan sets parental responsibility, the time sharing schedule, communication guidelines, and transportation and exchange details as required by Fla. Stat. § 61.13. When the record supports it, courts may order supervised contact, monitored exchanges, or a safe exchange location under Fla. Stat. § 61.455.Â
Relocation With a Child
Fla. Stat. § 61.13001 defines a relocation as a move of more than 50 miles for 60 or more consecutive days, not counting temporary absences. A relocation proceeds either by written agreement that meets the statute or by petition and court approval.
Jurisdiction for Out-of-State Issues
Florida applies the Uniform Child Custody Jurisdiction and Enforcement Act in Fla. Stat. §§ 61.501â61.542.
The childâs home state has priority for an initial order, the original court usually keeps exclusive continuing jurisdiction, and temporary emergency jurisdiction is available when a child in Florida needs protection.
Mediation and the Orlando Court Process
Most family matters in the Ninth Judicial Circuit go to mediation before any trial or final hearing. Emergency motions address immediate safety, access, or travel disputes when appropriate. Filings for Orlando cases go to the Orange County Courthouse, Ninth Judicial Circuit, 425 N. Orange Ave., Orlando, FL 32801.
Local Court Resources
Most Orlando filings go to the Orange County Courthouse, Ninth Judicial Circuit, 425 N. Orange Ave., Orlando, FL 32801. Nearby courts include Osceola, Seminole, Lake, and Volusia. Local resources list forms, case management information, and Clerk contacts.
Why Choose Fanash Family Law
We align custody strategy with the best interests factors in Fla. Stat. § 61.13, then translate school calendars, budgets, messages, and exchange histories into clear proposals for mediation or court in Orange, Osceola, Seminole, Lake, and Volusia, coordinating with related divorce and family-law matters.
Meet Your Florida Child Custody Attorney
Zuhair D. Fanash is the founding partner of Fanash Family Law, P.A. His practice centers on parenting plans, time sharing, child support, and post judgment modification. The team serves clients in Orlando, Winter Park, Maitland, Altamonte Springs, Kissimmee, St. Cloud, Clermont, Apopka, Ocoee, Sanford, Lake Mary, Longwood, and Oviedo.
Frequently Asked Questions
Judges apply the best interests factors in Fla. Stat. § 61.13, looking at each parentâs ability to meet the childâs needs, the home-school-community record, health and safety, co-parenting history, and similar evidence. Current law creates a rebuttable presumption for equal time sharing in new and modified cases.
Florida uses parental responsibility for major decision making and time sharing for the parenting schedule. In practice, âlegal custodyâ maps to parental responsibility and âphysical custodyâ maps to time sharing under Fla. Stat. § 61.13.
Yes. A parent must show a substantial, material, and unanticipated change and that the requested change serves the childâs best interests under Fla. Stat. § 61.13. Proposed moves of more than 50 miles are handled under Fla. Stat. § 61.13001.
Maybe. A relocation is generally a move of more than 50 miles for 60 or more consecutive days. It requires either a written agreement that meets the statute or a petition and court approval under Fla. Stat. § 61.13001.
Courts can order compliance through civil contempt, makeup time sharing, attorneyâs fees, or in serious cases a modification, consistent with Fla. Stat. § 61.13. The remedy depends on the order and the facts.
Protect Your Relationship With Your Child
Parenting plans and time-sharing decisions affect school routines, health care, and your child’s daily stability. If you are in Orlando, Winter Park, Kissimmee, Sanford, or another Central Florida community, our goal is to help you navigate these decisions with a focus on whatâs best for your child while ensuring your rights as a parent are secured.