Child Custody Laws in Florida
How courts in Florida decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Decisions on parental responsibility and time-sharing are based on the child's best interests. The court must order shared parental responsibility unless it would be detrimental to the child, and there is a rebuttable presumption that equal time-sharing is in the child's best interests. Fla. Stat. § 61.13(2)(b)-(c), (3)
| Child custody | Decisions on parental responsibility and time-sharing are based on the child's best interests. The court must order shared parental responsibility unless it would be detrimental to the child, and there is a rebuttable presumption that equal time-sharing is in the child's best interests. The statute lists about 20 factors, including each parent's ability to support the child's relationship with the other parent, stability, health, domestic violence, and the child's reasonable preference if the child is mature enough. No specific age is set for the child's preference. Parents must have a parenting plan. |
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| Emergency and temporary custody | Under Florida's interstate custody law, a Florida court has temporary emergency jurisdiction if the child is present in Florida and the child has been abandoned; or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it; or, as the statute also provides, emergency action is needed because the child has been subjected to or is threatened with sex-reassignment prescriptions or procedures. If another state has jurisdiction, the Florida order lasts only for a period the court sets so that an order can be obtained from that state. Source: Fla. Stat. § 61.517 |
| Parenting class or mediation | Parents in a divorce with minor children must complete a Parent Education and Family Stabilization Course of at least 4 hours before the final judgment. The filing spouse has 45 days after filing and the other spouse 45 days after service. The court may excuse attendance for good cause. The course also applies to paternity cases involving parental responsibility. Source: Fla. Stat. § 61.21 |
Where to get help in Florida
More Florida divorce & family law
- Getting a Marriage License in Florida
- Adopting a Child in Florida
- Guardianship of a Child or Adult in Florida
- Establishing Paternity in Florida
- Changing Your Name in Florida
- How Child Support Is Calculated in Florida
- Divorce Records in Florida
- Alimony and Spousal Support in Florida
- How to File for Divorce in Florida
- Legal Separation and Annulment in Florida
- All Florida divorce & family law rules
FAQ
How is child custody decided in Florida?
Decisions on parental responsibility and time-sharing are based on the child's best interests. The court must order shared parental responsibility unless it would be detrimental to the child, and there is a rebuttable presumption that equal time-sharing is in the child's best interests. The statute lists about 20 factors, including each parent's ability to support the child's relationship with the other parent, stability, health, domestic violence, and the child's reasonable preference if the child is mature enough. No specific age is set for the child's preference. Parents must have a parenting plan.
How do you get emergency custody in Florida?
Under Florida's interstate custody law, a Florida court has temporary emergency jurisdiction if the child is present in Florida and the child has been abandoned; or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it; or, as the statute also provides, emergency action is needed because the child has been subjected to or is threatened with sex-reassignment prescriptions or procedures. If another state has jurisdiction, the Florida order lasts only for a period the court sets so that an order can be obtained from that state.
Do you have to take a parenting class to divorce in Florida?
Parents in a divorce with minor children must complete a Parent Education and Family Stabilization Course of at least 4 hours before the final judgment. The filing spouse has 45 days after filing and the other spouse 45 days after service. The court may excuse attendance for good cause. The course also applies to paternity cases involving parental responsibility.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.