For many Florida parents going through divorce or separation, the terms “custody” and “visitation” are deeply emotional. However, these terms are no longer used in Florida’s family law system. Instead, the law focuses on two main concepts: parental responsibility and time-sharing. This change reflects an effort by the Florida legislature and family courts to emphasize cooperation, reduce hostility, and put the child’s best interest first.
The transition away from terms like “sole custody” or “full custody” is not just about language—it signals a broader shift in how the law expects parents to interact post-separation. According to Florida Statute §61.13, the court’s priority is to encourage frequent and continuing contact between children and both parents, provided it is safe and appropriate to do so. The statute makes clear that shared parental responsibility is the default unless there is evidence that it would be harmful to the child.
What Is Parental Responsibility?
Parental responsibility refers to the legal right to make important decisions regarding a child’s life. This includes choices about healthcare, education, religious upbringing, and other significant matters. Florida law presumes that both parents should share these responsibilities unless there is a compelling reason not to.
When parents have shared parental responsibility, they are expected to communicate and jointly make decisions. This arrangement requires a certain level of cooperation, even if the parents are no longer in a romantic relationship. If one parent is granted sole parental responsibility, they can make these decisions without the input of the other parent. Courts grant sole responsibility only when shared decision-making would be detrimental to the child’s welfare—such as in cases involving abuse, neglect, or extreme conflict.
According to the Florida Courts’ official Parenting Plan guidelines, every family law case involving children must include a written parenting plan that addresses how parental responsibility will be handled.
What Is Time-Sharing?
Time-sharing outlines the actual schedule of when the child spends time with each parent. This includes weekly schedules, holiday arrangements, summer vacations, and other key periods. The term has replaced the older concept of “visitation,” which suggested that one parent had fewer rights or was a secondary caregiver.
Under Florida law, time-sharing arrangements are crafted based on the best interests of the child, using a list of 20 factors detailed in Florida Statute §61.13(3). These factors include the child’s relationship with each parent, the ability of the parents to communicate, each parent’s moral fitness, and the child’s home, school, and community record.
The time-sharing schedule is included in the Parenting Plan, and both parents must follow it once it is approved by the court. If either parent violates the schedule, the other parent has the right to file a motion for enforcement or modification.
Why Florida Moved Away from “Custody” Language
The switch from traditional custody terminology was intentional. Florida lawmakers recognized that using terms like “custody” and “visitation” often increased conflict by implying a winner and a loser. The newer terms—parental responsibility and time-sharing—are more neutral and focused on co-parenting.
This shift also helps reframe the court’s approach. Instead of awarding one parent full control, courts seek to preserve the child’s access to both parents whenever it is safe and appropriate. This is consistent with recommendations from child development experts who emphasize the importance of maintaining relationships with both parents after divorce, provided that those relationships are healthy and stable. Studies like those cited by the American Psychological Association support this view.
Understanding the Parenting Plan
A Parenting Plan is a required legal document that spells out how parental responsibility and time-sharing will work. Whether parents come to an agreement outside of court or require a judge’s decision, a Parenting Plan must be submitted and approved. The plan should include:
- A detailed time-sharing schedule
- How the parents will communicate
- Decision-making responsibilities
- How changes or disputes will be handled
Florida courts offer standard forms that can be used by self-represented litigants. These are available through the Florida Courts Family Law Forms page, including the Parenting Plan (Form 12.995(a)), which is commonly used in uncontested cases or when parties can agree.
If the parties cannot agree, the court will hold a hearing and issue a Parenting Plan based on the evidence presented. In doing so, the judge will apply the best interest standard from Florida Statute §61.13(3), considering factors such as the parents’ ability to cooperate, any history of domestic violence, and the emotional and developmental needs of the child.
Enforcement and Modification
Once a Parenting Plan is ordered, both parties are legally bound to follow it. If one parent fails to comply—by refusing to return the child on time or denying scheduled time-sharing—the other parent can file a motion to enforce the plan. The court can order make-up time, modify the schedule, or even impose sanctions.
If circumstances change significantly—for example, a job relocation or a major change in the child’s needs—either parent may request a modification. However, the court will only approve a modification if the parent shows a substantial, material, and unanticipated change in circumstances, as defined in Florida law. More information about modification standards is available through resources like FloridaLawHelp.org.
Conclusion
Understanding the legal differences between time-sharing and parental responsibility is essential for any parent navigating the Florida family court system. While the terminology may feel unfamiliar at first, these concepts are designed to prioritize the child’s well-being and encourage parental cooperation.
Rather than fighting for custody “wins,” Florida law urges parents to develop structured Parenting Plans that focus on stability, shared responsibilities, and meaningful contact with both parents. If you’re confused about your rights or responsibilities under a Parenting Plan—or facing a violation or dispute—you can find free legal resources at FloridaLawHelp.org or consult the official Florida Courts Family Law Self-Help Center.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Florida family law is complex and fact-specific. If you are involved in a legal dispute or considering a parenting plan, consult a licensed Florida family law attorney or an accredited legal aid organization. This content does not establish an attorney-client relationship and should not be relied upon as a substitute for formal legal counsel.
