Florida Doesn't Use "Custody" — It Uses "Time-Sharing"

You'll still hear the word "custody" in everyday conversation, but Florida statutes replaced it with two more specific concepts. Parental responsibility refers to decision-making authority over things like education, healthcare, and religious upbringing. Time-sharing refers to the actual schedule of when the child is with each parent. A family can have shared parental responsibility (both parents make major decisions together) alongside a time-sharing schedule that isn't a strict 50/50 split — the two concepts don't have to move together.

Shared vs. Sole Parental Responsibility

Florida law starts from the presumption that shared parental responsibility — both parents jointly making major decisions — is in a child's best interest. Sole parental responsibility, where one parent makes major decisions alone, is ordered only when shared responsibility would be detrimental to the child, such as in cases involving domestic violence or a parent unable to safely participate in decision-making.

What a Parenting Plan Includes

Every Florida custody case involving minor children requires a parenting plan, whether the parents agree on its terms or a judge orders them after a contested hearing. A parenting plan typically addresses:

  • The time-sharing schedule, including holidays, school breaks, and special occasions
  • Which parent is responsible for school- and activity-related logistics
  • How the parents will communicate about the child
  • Who has access to school and medical records
  • How decisions will be made if the parents disagree

Child support is calculated separately from the parenting plan, based on the state’s guidelines. Our free Florida Child Support Calculator can help you get an early estimate.

The "Best Interests of the Child" Standard

When parents can't agree, Florida courts decide time-sharing and parental responsibility based on the best interests of the child — a broad legal standard that considers factors such as each parent's ability to facilitate a close relationship between the child and the other parent, each parent's history of involvement in the child's daily life, the child's ties to school and community, and the developmental needs of the child at their age. No single factor is automatically decisive; judges weigh them together.

Modifying a Parenting Plan Later

A parenting plan isn't meant to be permanent regardless of circumstances. Florida allows modification when there's been a substantial, material, and unanticipated change in circumstances since the last order — a parent relocating, a significant change in a child's needs, or a shift in a parent's ability to care for the child are common examples. Minor scheduling friction generally isn't enough on its own; the change has to be significant.