Child Custody in Florida: Understanding the Best Interest of the Child Standard

Jimmy Almeyda

Immigration & Family Law Attorney | NY Bar Admitted

Published May 23, 2026 · 8 min read

Family Law

If you are going through a divorce or separation involving children in Florida, understanding how the courts determine child custody arrangements is essential. Florida law uses the term “time-sharing” rather than “custody,” and all decisions are guided by one overriding principle: the best interest of the child.

At Almeyda Law, P.A., our family law team helps parents in Miami and throughout South Florida navigate time-sharing disputes with a focus on protecting children and preserving family relationships.

Custody Terminology in Florida

Florida eliminated the terms “custody” and “visitation” in 2008. Instead, the law uses:

• Time-sharing: The schedule that determines when each parent has the children
• Parental responsibility: The authority to make major decisions about the child’s welfare (education, healthcare, religious training)
• Parenting plan: A detailed document that outlines both the time-sharing schedule and decision-making responsibilities

Florida law establishes a presumption in favor of shared parental responsibility, meaning both parents share decision-making authority unless the court finds that shared responsibility would be detrimental to the child.

The Best Interest of the Child Standard

Under Florida Statute 61.13, the court must determine custody arrangements based on the best interest of the child. This standard recognizes that children benefit from frequent and continuing contact with both parents, and the court starts from a position that both parents should be actively involved in the child’s life.

Factors Courts Consider

Florida Statute 61.13(3) lists 20 specific factors the court must evaluate. The key factors include:

1. The demonstrated capacity of each parent to facilitate a close and continuing relationship between the child and the other parent
2. The anticipated division of parental responsibilities after the proceedings, including cooperating in childcare
3. The love, affection, and emotional ties between the child and each parent
4. The moral fitness of the parents
5. The mental and physical health of the parents
6. The home, school, and community record of the child
7. The reasonable preference of the child, if the court determines the child has sufficient intelligence and understanding
8. Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
9. Each parent’s knowledge of the child’s needs (friends, teachers, medical providers, daily activities)
10. Each parent’s willingness to keep the other parent informed of issues relating to the child

No single factor is automatically more important than another. The court weighs all of them together to reach a decision that serves the child’s best interest.

The Parenting Plan

Every custody case in Florida requires a parenting plan, which must include:

• A detailed time-sharing schedule for regular days, weekends, holidays, school breaks, and summer vacation
• How parents will share or divide daily responsibilities and major decision-making
• A communication plan between the child and each parent during the other parent’s time
• Methods for resolving disputes between parents
• Transportation arrangements for exchanges

Parents are encouraged to develop the parenting plan together. If they cannot agree, a mediator or the court will create one.

Types of Time-Sharing Arrangements

Equal (50/50) Time-Sharing

The child splits time equally between both parents. Common schedules include alternating weeks, a 2-2-3 rotation, or a 3-4-4-3 schedule. Florida courts increasingly favor equal time-sharing when both parents are fit and capable.

Majority Time-Sharing

One parent has the child for more than 50% of the time (the “majority parent”), while the other parent has regular time-sharing on weekends, certain weekdays, and alternating holidays. This arrangement is common when parents live far apart or one parent’s work schedule makes equal time-sharing impractical.

Supervised Time-Sharing

The court may order supervised time-sharing if there are concerns about a parent’s ability to care for the child safely. This can involve supervision by a family member, a professional supervisor, or a supervised visitation center.

Modifying a Custody Order

A custody order can be modified if there has been a substantial, material, and unanticipated change in circumstances since the original order was entered, and the modification is in the best interest of the child. Common reasons for modification include:

• A parent’s relocation
• Significant changes in a parent’s work schedule
• Changes in the child’s needs (e.g., starting school, health issues)
• One parent’s failure to comply with the existing parenting plan
• Evidence of substance abuse or domestic violence

Relocation with Children

If a parent wants to move more than 50 miles from their current residence for more than 60 consecutive days, they must follow Florida’s relocation statute (Florida Statute 61.13001). This requires:

• Filing a petition with the court
• Providing written notice to the other parent at least 60 days before the proposed move
• Getting either the other parent’s written consent or a court order permitting the relocation

Relocating without following these procedures can result in contempt of court and may negatively affect the relocating parent’s custody case.