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In Florida, the Child custody cases are often among the most emotionally complex and high-stakes issues in family law. In Florida, courts focus on the best interests of the child when determining custody and time-sharing arrangements. Whether you’re in the middle of a divorce, seeking a custody modification, or involved in a dispute with your co-parent, understanding how Florida custody law works is essential.
At Cooper & Cooper, P.A., we proudly serve clients throughout Northeast Florida, including Duval, Clay, Nassau, St. Johns, Baker, and Putnam Counties, as well as the cities of Jacksonville, Orange Park, Fleming Island, Middleburg, St. Augustine, Fernandina Beach, Yulee, Macclenny, and Palatka.
What Is Child Custody Called in Florida?
Florida no longer uses the terms “custody” or “visitation.” Instead, the law refers to “parental responsibility” and “time-sharing.”
The two key components of custody in Florida are:
- Parental Responsibility – Refers to decision-making authority regarding major aspects of a child’s life, including healthcare, education, religion, and general welfare.
- Time-Sharing – Refers to the physical time each parent spends with the child, as defined in a time-sharing schedule.
Shared vs. Sole Parental Responsibility
Florida courts favor shared parental responsibility, which allows both parents to make important decisions jointly. However, if one parent is deemed unfit or unable to co-parent effectively, the court may grant sole parental responsibility to the other parent.
- Shared Parental Responsibility: Parents collaborate on major decisions.
- Sole Parental Responsibility: One parent has full authority over decisions due to safety, abuse, or inability to cooperate.
How Florida Courts Determine Time-Sharing
Florida courts follow Florida Statute § 61.13, which outlines the factors used to determine a child’s best interests in time-sharing decisions. Some key considerations include:
- The child’s emotional bond with each parent
- Each parent’s ability to provide a safe and stable environment
- Moral and mental fitness of both parents
- Willingness to foster a relationship with the other parent
- History of abuse, neglect, or domestic violence
- The child’s preference (if mature enough)
- Each parent’s ability to communicate and cooperate
⚖️ Courts generally encourage equal or substantial time-sharing unless such an arrangement would harm the child.
Can a Time-Sharing Agreement Be Modified?
Yes. Either parent may petition to modify a time-sharing arrangement if there is a substantial, material, and unanticipated change in circumstances, such as:
- A parent relocating out of state or county
- Significant changes in a parent’s work schedule or availability
- New evidence of abuse or neglect
- A shift in the child’s medical, educational, or emotional needs
What If a Parent Violates a Time-Sharing Order?
Failure to comply with a court-ordered parenting plan can have serious consequences:
- Make-up time-sharing may be awarded
- The violating parent may be held in contempt of court
- The court may modify the existing agreement
- Attorney’s fees may be awarded to the compliant parent
Speak to a Northeast Florida Family Law Attorney
Navigating custody law in Florida can be challenging, especially when emotions run high. Whether you’re preparing for court, modifying a parenting plan, or protecting your parental rights, you deserve trusted legal guidance.
At Cooper & Cooper, P.A., we provide strategic, compassionate representation in family law cases. We proudly serve families throughout Duval, Clay, Nassau, St. Johns, Baker, and Putnam Counties, and offer free 30-minute consultations to help you understand your options.
📞 Call us today at (904) 717-2327
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