Florida no longer uses the words “custody” and “visitation.” Instead, parents share parental responsibility and time-sharing under a written parenting plan, with every decision driven by the best interests of the child. This guide explains how time-sharing works under Fla. Stat. § 61.13.

This is general legal information, not legal advice. How these rules apply depends on your family’s circumstances. For the broader context, see Divorce and Family Law in Florida.

Parental responsibility versus time-sharing

Florida separates two distinct concepts:

  • Parental responsibility is decision-making authority over major issues in the child’s life — education, health care, and religion. Florida strongly favors shared parental responsibility, in which both parents confer and decide together, unless shared responsibility would harm the child.
  • Time-sharing is the schedule of when the child is physically with each parent — the modern term for what used to be called custody and visitation.

The 2023 presumption of equal time-sharing

A 2023 amendment to Fla. Stat. § 61.13 created a rebuttable presumption that equal (50/50) time-sharing is in the best interest of the child. This means the court starts from the assumption that the child should spend roughly equal time with each parent. A parent who wants a different schedule must present evidence showing that equal time-sharing would not serve the child’s best interests — for example, because of distance, a parent’s work schedule, or a history of domestic violence.

Before this amendment, Florida law set no starting point at all; judges weighed the best-interest factors from scratch, which made outcomes harder to predict. The presumption does not guarantee a 50/50 result — the word rebuttable is key. It simply shifts the starting line and places the burden on the parent who wants something other than equal time to come forward with evidence. To overcome the presumption, that parent must prove by a preponderance of the evidence that equal time-sharing is not in the child’s best interest, and the court must then explain its decision through the statutory factors. In practice, equal time-sharing is rarely workable when the parents live far apart, when one parent’s schedule cannot accommodate it, or when there are safety concerns, and in those situations the presumption is readily rebutted. A separate rule applies where a parent has been convicted of certain offenses, which can trigger a presumption of detriment that the parent must overcome before receiving time-sharing at all.

The best-interest factors

Every time-sharing decision turns on the best interests of the child, which Fla. Stat. § 61.13(3) defines through a detailed list of factors that the court must evaluate. They include:

  • each parent’s capacity and willingness to meet the child’s needs and to maintain a relationship with the child;
  • the anticipated division of parental responsibilities, including the extent to which they may be delegated to third parties;
  • each parent’s demonstrated ability to determine and act on the child’s needs as opposed to the parent’s own desires;
  • the length of time the child has lived in a stable environment and the desirability of maintaining continuity;
  • the geographic viability of the parenting plan, including the travel involved and the proximity of the parents’ homes;
  • the moral fitness, and the mental and physical health, of each parent;
  • the child’s home, school, and community record;
  • the reasonable preference of the child, if the court finds the child to be of sufficient intelligence, understanding, and experience;
  • each parent’s knowledge of the child’s friends, teachers, doctors, and daily activities;
  • each parent’s willingness to encourage a close and continuing relationship with the other parent, and to refrain from disparaging the other;
  • any evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect, regardless of whether a prior court action was filed; and
  • the developmental needs of the child and each parent’s capacity to meet them.

No single factor controls. The judge weighs them together against the facts of the case, and when the parents cannot agree, the court’s written analysis of these factors is what ultimately supports the time-sharing schedule it orders.

What a parenting plan must contain

Every case involving minor children requires a written parenting plan approved by the court. At a minimum, under Fla. Stat. § 61.13, the plan must:

  • describe in detail how the parents will share and be responsible for the daily tasks of raising the child;
  • set out a clear time-sharing schedule that specifies the time the child spends with each parent, including holidays, school breaks, birthdays, and summer vacation;
  • designate who is responsible for any and all forms of health care, for school-related matters such as registration and records, and for other activities; and
  • specify the methods and technologies, such as phone or video calls, that the parents will use to communicate with the child.

A well-drafted plan goes further than the bare minimum. It typically addresses how the parents will exchange the child and where, how they will handle transportation costs, how they will make and communicate decisions, how they will resolve disputes before returning to court, and how a parent gets the right of first refusal to care for the child before a babysitter is used. The more specific the plan, the fewer opportunities there are for later conflict, because a vague plan invites disagreement over what the parents actually agreed to. For very young children, parents often build in a step-up schedule that gradually increases time with each parent as the child grows. If the parents agree, they can submit their own plan, and Florida strongly encourages this; if they cannot agree, the court will establish one after considering the best-interest factors, and the parents may be ordered to attend mediation or a court-approved parenting course first.

Relocation with a child

Florida has a specific statute for parental relocation (Fla. Stat. § 61.13001). The statute defines a relocation as a move of 50 miles or more from the parent’s current residence for at least 60 consecutive days, not counting a temporary absence for vacation, education, or health care. A parent who wants to make such a move generally must either get the other parent’s written agreement — which must be signed, set out a revised time-sharing schedule, and describe transportation arrangements — or file a petition to relocate and serve it on the other parent.

If the other parent objects, they must file a written response within the statutory deadline, and the matter goes to a hearing. The court then decides the request based on the child’s best interests and a separate set of relocation factors, which include the child’s relationship with each parent, the age and needs of the child, whether the move is likely to improve the lives of the relocating parent and child, the reasons for and against the move, and whether the move is sought in good faith. There is no automatic presumption for or against relocation; the relocating parent generally carries the initial burden. Moving the child without following this process is risky — a court can order the child returned, treat the move against the parent in deciding time-sharing, and order the parent to pay the other’s costs and attorney fees.

Time-sharing for unmarried parents

Time-sharing is not only a divorce issue. When parents are not married, time-sharing and parental responsibility are established through a paternity action under Fla. Stat. ch. 742. Until paternity is legally established, the mother is generally the natural guardian, and the father has no enforceable time-sharing rights even if he is listed on the birth certificate. Once paternity is established, the same best-interest framework in Fla. Stat. § 61.13 applies, and the court enters a parenting plan and sets child support just as it would in a divorce.

Modifying a parenting plan

A parenting plan can be modified later, but the standard is demanding. The parent seeking the change 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. This is a higher bar than the standard used to set the original plan, and it is intentional: courts set it high to give children stability and to discourage repeated litigation between parents. A change that the parents could have foreseen at the time of the last order generally will not qualify, which is why the “unanticipated” element matters so much.

The 2023 amendment made one notable adjustment in the other direction. Because the prior law sometimes required the parent seeking a change to show the circumstances were unanticipated, a parent could be stuck even when an agreed schedule plainly no longer worked. The current version of Fla. Stat. § 61.13 clarifies that a substantial and material change is enough to open the door to modifying time-sharing, and the court then applies the best-interest factors. Common grounds include a parent’s relocation, a significant change in a parent’s circumstances or ability to care for the child, a change in the child’s needs as they grow, or a documented pattern of one parent interfering with the other’s time. For how parenting plans fit with the rest of a divorce, see Divorce and Family Law in Florida and How Divorce Works in Florida.

Sole parental responsibility and supervised time-sharing

Although Florida strongly favors shared parental responsibility, a court can order sole parental responsibility to one parent when shared decision-making would be detrimental to the child — for example, in cases involving serious domestic violence, substance abuse, or a parent who cannot be located. The court can also limit or condition a parent’s time-sharing, including ordering supervised time-sharing, where visits occur in the presence of a neutral third party or at a supervised-visitation center. These are protective measures of last resort; in the ordinary case, Fla. Stat. § 61.13 expects both parents to remain actively involved in the child’s life.

How courts enforce a parenting plan

A parenting plan is a court order, and a parent who violates it can face consequences. If one parent repeatedly denies the other their scheduled time-sharing without a valid reason, the wronged parent can ask the court to enforce the plan. Under Fla. Stat. § 61.13, the court can order make-up time-sharing, require the offending parent to pay the other’s attorney fees and costs, order parenting classes or counseling, and in serious cases find the parent in contempt. Persistent interference with the other parent’s relationship with the child can also become grounds to modify the parenting plan, because willingness to support the child’s bond with the other parent is itself a best-interest factor.

Frequently asked questions

Does Florida favor mothers in time-sharing?

No. Florida law is gender-neutral. Time-sharing and parental responsibility are decided under the best-interest factors in Fla. Stat. § 61.13, and a 2023 amendment added a rebuttable presumption that equal time-sharing is best. The court evaluates each parent’s ability to care for the child, not the parent’s gender.

Is 50/50 time-sharing now automatic in Florida?

It is the starting point, not an absolute rule. The 2023 presumption favors equal time-sharing, but it is rebuttable. A parent can overcome it with evidence that a different schedule serves the child’s best interests, such as distance between homes, work schedules, or safety concerns.

Can my child choose which parent to live with?

Not by themselves. A child’s reasonable preference is one of the best-interest factors, and the court can consider it if it finds the child mature enough to express an intelligent preference. But the child’s wishes are only one factor, and the judge makes the final decision.

Can I move out of state with my child?

Only if you follow the relocation statute. Under Fla. Stat. § 61.13001, a move of more than 50 miles for 60 days or more generally requires either the other parent’s written consent or a court-approved petition to relocate. Moving without following the process can lead to a court ordering the child returned.

Find a Florida family law attorney. Parenting disputes are among the most emotional and consequential parts of family law. A Florida family law attorney can help you craft a parenting plan or present the best-interest evidence your case needs. This guide is general information, not legal advice.