Florida custody guide

Florida Custody Laws: Parenting Plans & Time-Sharing

Florida removed the words “custody” and “visitation” from its statutes in 2008. Decision-making is now “parental responsibility,” the schedule is “time-sharing,” and both are written into a court-approved Parenting Plan. Since July 1, 2023, Florida law presumes that equal (50/50) time-sharing is in the child’s best interest. This guide covers parental responsibility, the time-sharing presumption, child support, and Florida’s detailed relocation rule.

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What Florida calls custody

Florida frames decision authority as “parental responsibility” (shared by default) and the schedule as “time-sharing.” The document that holds both — required in every case involving minor children — is the “Parenting Plan.” You won’t find “primary residential parent” or “visitation” in current Florida statutes.

The default parenting schedule in Florida

Since July 1, 2023, Florida applies a rebuttable presumption that equal (50/50) time-sharing is in the child’s best interest. A parent who wants something other than 50/50 has to rebut that presumption by a preponderance of the evidence. This is the opposite of Texas’s Standard Possession Order default — in Florida, equal time is the starting point.

Florida custody law at a glance

Decision-making (parental responsibility)

Shared parental responsibility is ordered by default unless the court finds it would be detrimental to the child.

Fla. Stat. § 61.13(2)(c)(2)

Equal-time (50/50) presumption

A rebuttable presumption that equal 50/50 time-sharing is in the child’s best interest (since 7/1/2023).

Fla. Stat. § 61.13(2)(c)(1)

Child support model

Income-shares — both parents’ net incomes on the statutory schedule. Once a parent exercises at least 20% of the overnights, the obligation is grossed up by 1.5x.

Fla. Stat. § 61.30

Relocation

Moving 50+ miles for 60+ days triggers a statutory process: 60-day advance written notice, a 20-day objection window, and an evidentiary hearing where the relocating parent carries the burden.

Fla. Stat. § 61.13001

Finalizing the plan

Parents sign the Parenting Plan before a notary public or deputy clerk, and the court must approve it before it becomes an order.

Fla. Stat. § 61.13(2)(b); Fla. Fam. Law Form 12.995(a)

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Florida custody law FAQs

Is Florida a 50/50 custody state?

Effectively yes, as a starting point. Since July 1, 2023, Florida law presumes equal (50/50) time-sharing is in the child’s best interest. That presumption is rebuttable — a parent can show a different arrangement serves the child better — but the court begins from equal time.

What is a parenting plan in Florida?

It’s the court-approved document, required in every Florida case with minor children, that sets out the time-sharing schedule, how parental responsibility (decision-making) is shared, and how the parents handle things like healthcare, school, and communication. Parents sign it before a notary and the judge approves it.

Do I need my co-parent’s permission to move in Florida?

If you’re moving 50 or more miles away for at least 60 days, yes — you need the other parent’s written consent or a court order. Florida’s relocation statute requires 60 days’ advance written notice with specific contents; if the other parent objects within 20 days, you can’t move until the court rules.

How is child support calculated in Florida?

Florida uses an income-shares model — both parents’ net incomes go on a statutory schedule and the obligation is split by income share. Crossing 20% of overnights triggers a 1.5x gross-up, so the time-sharing schedule directly affects the support number.

This page is general information, not legal advice, and family law changes. For the controlling text, see Florida Statutes Chapter 61, and consult a licensed Florida family-law attorney about your situation. Last reviewed 2026-07-27.

Custody laws in other states

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