Florida Child Custody and Time-Sharing Resources: Walk In Prepared
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Florida law does not use the word custody in the way many parents expect. Court orders are written in terms of parental responsibility, which covers decision making, and time-sharing, which covers the schedule. Both live inside a parenting plan the court approves.
The controlling statute is section 61.13 of the Florida Statutes, and a separate statute, 61.13001, governs what happens when a parent wants to relocate with a child. The official sources below link both, along with the forms that put a schedule in writing.
Official Florida custody resources
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§ 61.13, Support of children; parenting and time-sharing; powers of court (Florida Legislature): Core statute for child support orders and parenting plans. Establishes the 'best interests of the child' standard and the 20 statutory factors the court must weigh when ordering time-sharing. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13.html
§ 61.13001, Parental relocation with a child (Florida Legislature): Governs any move of a parent's primary residence more than 50 miles away for at least 60 consecutive days. Requires written agreement or a court petition with specific content. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html
Parenting Plan, form 12.995(a) (Florida State Courts System): The standard parenting plan form that records parental responsibility and the time-sharing schedule. https://flcourts-media.flcourts.gov/content/download/686031/file_pdf/995a.pdf
Florida Family Law Forms (official index) (Florida State Courts System): The complete, current collection of Florida Supreme Court approved family law forms with instructions. When in doubt, start here. https://www.flcourts.gov/Services/family-courts/domestic-relations-court-resources/family-law-forms
Florida courts family law self-help information (Florida State Courts System): Official self-help information for Florida family cases, including where to find help in your county. https://www.flcourts.gov/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information
Frequently asked questions
Is there such a thing as full custody in Florida?
Florida orders speak in terms of parental responsibility and time-sharing rather than sole or full custody. Courts start from the premise that shared parental responsibility is in a child's best interest unless it would be detrimental, and the details are set out in the parenting plan.
Can I move away with my child after a Florida case?
Relocation of 50 miles or more for 60 days or more is governed by section 61.13001. It generally requires either a signed agreement or a court order after a petition to relocate, so read the statute and talk to the clerk before moving.
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