Child Custody in Florida: What 'Best Interests of the Child' Actually Means in Court

If you're going through a divorce or separation in Florida and have children, understanding how courts approach parenting decisions is critical. Florida no longer uses the term 'custody' — instead, the law refers to 'time-sharing' and 'parental responsibility.' But make no mistake: these decisions will shape your child's life for years to come.

Florida's Legal Standard: The Best Interests of the Child

Under Florida Statute §61.13, all parenting decisions must be based on the best interests of the child. Courts consider 20 specific statutory factors, including each parent's moral fitness, the mental and physical health of both parents and the child, the child's established school and community ties, evidence of domestic violence or abuse, and each parent's willingness to facilitate a positive relationship between the child and the other parent.

Does Florida Favor Equal Time-Sharing?

Florida law does not automatically presume that 50/50 time-sharing is in the child's best interest — but courts generally encourage both parents to be involved. Equal time-sharing is common when both parents live near each other, are fit and capable, and can cooperate on parenting decisions. However, the specific facts of your case will determine the outcome.

What Is a Florida Parenting Plan?

Every Florida divorce or paternity case involving children must include a court-approved Parenting Plan. This document specifies each parent's time-sharing schedule, decision-making responsibilities for education, healthcare, and religious upbringing, methods of communication between parents and child, and procedures for handling disputes.

Protect Your Parental Rights with Bechert & Associates

At Bechert & Associates, P.A., our Broward County family law attorneys fight to protect your relationship with your children. We help parents develop fair, workable parenting plans and represent those whose parental rights are being challenged. Serving Pompano Beach, Fort Lauderdale, and all of South Florida — call today for a confidential consultation.