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Summary of Florida Child Custody Law

Child custody is based on what the Court determines to be in “the best interest of the child.” Florida gives shared responsibility to both parents unless it is determined that this is detrimental to the child. In considering the best interest of the child, the Court can order sole parental responsibility with or without time-sharing to one parent and it may grant one parent responsibility over different areas of the child’s welfare including education and health.

There are at least twenty factors that are included in determining what the best interest of the child is in determining parental responsibility.

The factors include:

  • Reasonable preference of one child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference
  • Mental and physical health of the parents
  • The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline and daily schedule for homework, meals and bedtime.

For a full list of factors, see Section 61.13

Child Visitation in Florida

Florida courts generally prefer that parents agree upon a visitation schedule themselves. However, where parents cannot come to such an agreement, a court will generally determine visitation rights and set forth a visitation schedule.

Under Florida law, a parent who does not have primary custody of a child will generally be allowed “fair and reasonable visitation” unless a court determines that visitation would in some way endanger the child or adversely affect the child’s wellbeing.

There is no standard definition of “fair and reasonable visitation” for all cases. What is “fair and reasonable” in one case may not be “fair and reasonable” in another case. Each family’s situation is considered carefully by a court in determining visitation rights and a visitation schedule. Some factors that a court may look at include the age of the children, the place where visitation is to take place, the child’s school schedule, the relationship between the parents, and any special needs of the child.

To fully understand divorce law and family law, it may be necessary to read and interpret statutes with case law and regulatory law. It is important to check to see if laws are up date. For these and other reasons, it is always best to consult with a qualified family law attorney. The legal information on this website is not intended as legal advice and should not be relied on as such. It is intended only as an introduction to the way that the law functions in these areas.

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