Child Custody in Florida
State-specific overview · Family Law
Florida presumes shared parental responsibility is in the child's best interest unless one parent demonstrates inability to parent.
How Florida treats Child Custody
Florida law creates a presumption favoring shared parental responsibility and time-sharing between both parents unless the court finds clear and convincing evidence that shared responsibility would be detrimental to the child. Courts must consider factors including each parent's capacity to provide care, the child's needs, and the strength of the parent-child relationship. Florida also emphasizes that custody decisions should maximize the child's contact with both parents and encourage active involvement by each parent in the child's life.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Florida.