Four Things Parents Should Know About Child Custody Laws in Florida

Are you a divorced or separated parent of young kids or teenagers in Florida? It is crucial that you know your rights and responsibilities under the state’s child custody laws. At the Law Office of Gale H. Moore P.A., we handle the full range of child custody and child visitation cases. Within this article, our Clearwater child custody attorney highlights four key things that parents in Pinellas County should know about Florida’s custody laws.

#1: Florida Law Separates Parental Responsibility From Time-Sharing

Custody is split into two concepts: legal custody and physical custody. In official proceedings, Florida generally uses the terms parental responsibility and time-sharing instead of traditional labels such as legal and physical custody. Parental responsibility concerns authority over major decisions affecting a child, including education and health care. Florida courts generally order shared parental responsibility (joint legal custody) unless doing so would be detrimental to the child.

#2: Equal Time-Sharing is Now Presumed to Be in a Child’s Best Interests

Florida law establishes a rebuttable presumption that equal time-sharing is in the best interests of a minor child unless the parties agree otherwise or another statutory provision applies. Florida Statutes § 61.13 provides that a parent seeking to rebut that presumption must prove by a preponderance of the evidence that equal time-sharing would not serve the child’s best interests. Still, while equal time-sharing is generally a starting point, it is not automatic.

#3: Courts Must Focus on the Best Interests of the Child

What is best for the child is the top priority in a Florida child custody case. Other issues are secondary to what is best for the child’s health, safety, well-being, and long-term development. Florida law identifies numerous factors that courts may evaluate, including each parent’s ability to encourage the child’s relationship with the other parent, the stability of the child’s environment, geographic considerations, each parent’s involvement in school and activities, the child’s developmental needs, substance abuse, and evidence of domestic violence or child abuse.

#4: Parenting Plans Can Be Changed, but there are Specific Rules

Once a parenting plan and time-sharing schedule are established, modification generally requires a substantial and material change in circumstances and proof that the requested change serves the child’s best interests. The standard is designed to provide children with stability while still allowing courts to respond to meaningful changes in family circumstances. Parents should therefore avoid assuming that an informal change in living arrangements automatically modifies the existing court order. If you have any specific questions, a Clearwater custody attorney can help.

Speak to a Clearwater Child Custody Lawyer Today 

At the Law Office of Gale H. Moore P.A., our Clearwater child custody attorney is compassionate, experienced, and puts clients first. If you have any questions about child custody laws, we can help. Contact us today to set up a fully confidential consultation. With an office in Largo, we handle child custody cases in Clearwater and throughout the region in Pinellas County.