When parents separate or divorce in Florida, one of the most emotionally charged issues is who gets custody—or more accurately, how “parental responsibility” and “time-sharing” will be handled. Many parents mistakenly believe that one parent is always given preference over the other, but in Florida, the guiding legal standard is clear: the child’s best interests come first. This article breaks down what that really means, using Florida Statutes, court procedures, and real-life insights to help self-represented parents understand what to expect in family court.
Understanding the “Best Interest of the Child” Standard
Florida law doesn’t use the word “custody” in the traditional sense. Instead, Florida Statutes §61.13 outlines that all decisions about parental responsibility and time-sharing must be made based on what is in the best interest of the child. This legal framework is meant to protect the child’s emotional, psychological, and physical well-being—now and in the future.
The statute lists multiple specific factors that judges must consider when evaluating what arrangement is best for the child. These are not just guidelines; they are legal requirements that courts must weigh when making decisions. That means both parents, whether represented by an attorney or not, must be prepared to speak to these factors and offer evidence when necessary.
Source: Florida Statute §61.13, “Support of children; parenting and time-sharing; powers of court.” https://www.flsenate.gov/Laws/Statutes/2023/61.13
Key Factors Judges Consider in Florida
Some of the most important considerations Florida courts use include:
- The demonstrated capacity of each parent to encourage a close and continuing relationship between the child and the other parent.
- Each parent’s ability to put the child’s needs before their own.
- The mental, physical, and moral fitness of the parents.
- The home, school, and community record of the child.
- The stability of the proposed home environment.
- Evidence of domestic violence or substance abuse.
- Each parent’s ability to provide a consistent routine and be involved in the child’s school, activities, and healthcare.
This list isn’t exhaustive, but it shows how the court views parenting from a holistic perspective. Importantly, no single factor is automatically more important than others. Instead, judges use these factors to weigh what parenting plan will best serve the child’s current and future needs.
For a full list of the statutory factors, visit the official Florida Senate page: https://www.flsenate.gov/Laws/Statutes/2023/61.13
Equal Time-Sharing Isn’t Guaranteed
Many parents assume that 50/50 time-sharing is the default. But under Florida law, there is no automatic presumption in favor of equal time. Courts may order equal time-sharing, but only if it serves the child’s best interests. For example, if one parent works night shifts or lives far from the child’s school, a different arrangement may be better suited to the child’s stability and routine.
As explained by the Florida Courts in their official Family Law Self-Help resources, the goal is always to create a time-sharing schedule that works best for the child, even if that means unequal parenting time. Source: Florida Courts, “Parenting Issues” – https://www.flcourts.gov/Resources-Services/Family-Courts/Family-Law-Self-Help-Information/Parenting-Issues
Real-World Evidence Matters
In court, it’s not enough to simply claim that you’re a good parent. Self-represented litigants should be prepared to offer specific examples or documents that show how they support their child. This might include:
- School records or attendance at parent-teacher conferences
- Medical records showing you attended appointments
- Testimony from teachers, counselors, or other professionals
- Screenshots or logs showing communication with the other parent
- Written parenting plans or visitation calendars
If the other parent is unreliable, courts will want proof of missed visits, lack of communication, or inconsistent behavior that negatively impacts the child. Keeping a written record of these events can be helpful when preparing for a court hearing or mediation.
What If One Parent Wants Sole Parental Responsibility?
Florida law generally favors shared parental responsibility unless it would harm the child. Sole parental responsibility may be ordered if one parent has a history of abuse, neglect, drug use, or refuses to communicate effectively with the other parent in matters concerning the child.
This can be a difficult argument to make, especially for self-represented litigants, but it is possible with clear documentation and relevant evidence. Domestic violence injunctions, arrest records, or statements from professionals can play a role in the court’s decision.
Learn more about sole vs. shared parental responsibility from The Florida Bar Family Law Section: https://familylawfla.org
The Importance of the Parenting Plan
Every case involving children in Florida requires a parenting plan. This court-approved document outlines time-sharing, decision-making, communication methods, and how disputes will be handled. It must be approved by the court and should reflect the child’s needs based on the “best interest” standard.
The Florida Supreme Court provides parenting plan forms and guidance here: https://www.flcourts.gov/Resources-Services/Family-Courts/Family-Law-Forms
Supporting Your Child’s Best Interest
Ultimately, the best way to succeed in court is to keep your focus on your child’s well-being. Judges are not looking for perfection. They want to see consistent effort, willingness to cooperate, and a strong bond between parent and child. Whether you’re seeking more time-sharing, responding to a modification request, or filing your first parenting plan, showing that your actions prioritize your child’s best interests is key.
Florida’s legal system can be complex, especially for those navigating it without an attorney. But with preparation, documentation, and an understanding of the law, you can make a strong case that supports your child’s needs.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws may change, and individual cases are unique. For legal guidance specific to your situation, consult a licensed Florida family law attorney or a local legal aid organization. You can find free or low-cost legal assistance through the Florida Courts Self-Help Center at https://www.flcourts.gov/Resources-Services/Family-Courts/Self-Help-Center.
