CHILD CUSTODY
Helping Florida Families Navigate Time-Sharing Contact Medina Law Firm: Your Miami Child Custody Attorneys

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What Happened to Custody?

When we meet new clients, one of the most common requests we hear is: “I want full custody.” But what does “full custody” really mean? Some people believe it means having the final say in all major decisions about their child’s life, while others think it means the child will live with them most of the time.

However, custody no longer exists in Florida law.

The End of “Custody” in Florida

In October 2008, significant changes were made to Florida’s family law statutes—one of the most notable being the elimination of the term “custody.” Instead of awarding custody to one parent, Florida law now recognizes both parents as equals when it comes to raising their children.

Before 2008, Florida followed the “tender years doctrine,” which presumed that young children were best cared for by their mothers. This often resulted in mothers receiving primary custody by default. But today, there is no such presumption—neither parent has an automatic advantage.

Parental Responsibility & Time-Sharing

Instead of custody, Florida law now focuses on two key concepts: parental responsibility and time-sharing.

The Three Types

Parental Responsibility

Parental responsibility refers to decision-making authority for the child’s well-being. There are
three types:

1 Shared Parental Responsibility – Both parents must collaborate and make major decisions about their child’s life together.
2 Sole Parental Responsibility – One parent has the legal authority to make important decisions without consulting the other parent.
3 Shared Parental Responsibility with Ultimate Decision - Making Authority – Parents share responsibility but designate one parent as the tie-breaker for specific issues (such as education or healthcare) if they cannot agree.

Time-Sharing

Time-sharing determines how much time the child spends with each parent. Prior to 2008, there was a “primary residential parent” and a “non-custodial parent.” These labels no longer exist. Now, Florida law promotes co-parenting and encourages both parents to play an active role in their child’s life.

A time-sharing schedule outlines:

Where the child will stay on specific days
How exchanges between parents will happen
The timing and location of these exchanges
Time-sharing arrangements are formalized in a Parenting Plan, which we will discuss in more detail separately.

The Bottom Line

Florida no longer awards "custody" to one parent. Instead, the law focuses on co-parenting, decision-making, and time-sharing to ensure that children maintain meaningful relationships with both parents whenever possible. If you have questions about how parental responsibility and time-sharing apply to your situation, we’re here to help.

Did you know that Child Support and Time Sharing (visitation) can be worked out to everyone’s benefit without costly litigation? If you are in the midst of a divorce or about to get one, there is a more affordable option.

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FAQs

Some frequently asked questions about child custody in the state of Florida.

Q: Can I get “full custody” over my child?

The term “custody” is no longer used in marital proceedings in Florida. But more importantly, what do you mean by wanting to have “full custody”? If you wish for your spouse to have little or no contact with the child and have little or no say in the child-rearing decisions, then you will need to provide the court with a good reason.

You see, the State of Florida believes that, generally speaking, two parents are better than one. Having both parents participate in the child-rearing decisions is part of what Florida calls “shared parental responsibility” and that is what the judge will order unless there is sufficient proof of abandonment, abuse, or neglect by the other parent such that the child would be harmed if that parent were allowed to participate. In that case, the court may award sole parental responsibility. Shared parental responsibility is what is ordered, or agreed to, in the vast majority of cases.

Q: What is a Guardian ad Litem and what role does he/she play in my divorce?

A Guardian ad Litem is a professional, typically a lawyer, but not always, who is court appointed to assist the court in determining what may be in the best interest of a child. Guardians are typically appointed in relocation cases or cases where one part alleges that the other is abusive or unfit. The guardian’s report and recommendation will carry a lot of weight with the court so it is important to cooperate with the guardian and to present yourself properly to avoid misunderstandings.

Q: What kind of visitation can I expect?

Well, for starters, it is now called “time sharing” A better term if you think about it. How much you can expect will depend on many factors, the overriding of which is “what is best for the child?” It used to be that fathers, (I’m not trying to be sexist here, just speaking historically) would get the “standard visitation schedule." This was not an official term but everyone knew what it meant. It consisted of alternating weekends from Friday through Sunday evening and maybe a dinner-only session mid week.

Times have changed. Fathers are seeking, and in many cases, getting more time with their children. Most times, the schedule is agreed to by the parents and reflects the reality that allowing the child more time with the other parent (gender neutral) is often in the child's best interest.

Q: Does the amount of time spent by the child with each parent affect child support?

Q: What other factors affect child support?

Child support is based on the income of both parents, the number of overnights which each parent has with the child, the cost of medical insurance, and the cost of daycare. See the links section to access an online calculator. One warning here, if a parent agrees to a number of overnights in order to reduce his/her child support obligation and then does not live up to the terms of the agreement, or court order, then that is a violation which may result in the imposition of sanctions and which may be grounds to increase the amount of support.

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CHILD CUSTODYHelping Florida Families Navigate Time-Sharing Contact Medina Law Firm: Your Miami Child Custody Attorneys