When parents separate or divorce in Florida, children are often caught in the middle of legal, emotional, and logistical shifts they didn’t ask for. Yet under Florida law and basic principles of child development, children are not just passive observers in this process—they have clear, real-life needs and expectations that deserve to be protected and prioritized.
Florida courts no longer use terms like “custody” to define control over a child. Instead, they focus on parental responsibility and time-sharing, terms that reflect a more balanced view of parenting roles. But while the law focuses on parents’ rights and obligations, the underlying focus—always—is on the child’s best interest. That phrase isn’t just legal language. It’s the standard that Florida judges must use when approving or modifying parenting plans under Florida Statute §61.13. And it guides what your child has a right to expect from both parents during this difficult time.
A Right to Emotional Safety and Stability
One of the most vital things your child needs during a separation or custody case is emotional security. That means minimizing exposure to parental conflict, providing consistency in routines, and ensuring that your child doesn’t feel like they have to choose sides.
The Florida Courts’ parenting plan guidelines strongly encourage co-parents to create a plan that supports the child’s emotional and psychological development. This includes stable school attendance, uninterrupted healthcare, and predictable contact with both parents unless a court decides otherwise for safety reasons.
Children also benefit from honest, age-appropriate communication. The American Academy of Pediatrics recommends that parents explain changes in the family in clear, developmentally appropriate terms. Avoid blaming language and reassure children that the divorce is not their fault—something that child psychologists cite as essential for healthy emotional adjustment.
A Right to Be Heard (Within Limits)
Florida law does allow for a child’s wishes to be considered in custody decisions, but this is done carefully. The court may listen to a child’s preferences if the child is mature enough and can express reasonable preferences—though this does not mean a child gets to choose which parent to live with.
Under Florida Statute §61.13(3)(i), judges may consider “the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience.” That decision is entirely up to the judge, and typically applies more in cases involving older children or teenagers.
Regardless of how much weight is given to a child’s preferences, children do have the right to feel that their voice matters and that decisions about their lives are made with care and respect—not as a way to punish one parent or reward the other.
A Right to a Safe, Nurturing Environment
Florida courts are required to examine whether each parent can provide a safe home environment, both physically and emotionally. This includes protection from abuse, neglect, or exposure to domestic violence. If there is evidence of violence or substance abuse, a judge can limit time-sharing or order supervised visitation.
According to the Florida Department of Children and Families, ensuring a child’s safety and well-being is the legal and moral responsibility of both parents. If you are concerned about your child’s safety during time-sharing with the other parent, you may be able to file an emergency motion with the court to protect your child.
A Right to Consistent Contact (When Safe)
Unless a court orders otherwise, children in Florida have the right to a relationship with both parents. That’s why all parenting plans must outline how each parent will maintain regular and ongoing contact with the child. Time-sharing schedules must be specific and enforceable, ensuring that children have access to both parents on a predictable basis.
If one parent frequently cancels visits or fails to comply with the schedule, that not only hurts the co-parenting dynamic—it violates what the court sees as the child’s right to continuity. The Florida Courts make it clear that time-sharing is not optional, and violations can be reported through a motion for contempt or enforcement.
A Right to Privacy and Protection from Adult Conflict
Children have the right not to be involved in adult conversations about court, child support, or relationship disputes. In fact, judges can look unfavorably on a parent who discusses legal matters with a child or uses the child to relay messages to the other parent.
The Florida Parenting Coordination Program provides resources for families struggling with conflict. These resources encourage parents to use professional communication tools, including apps and parent coordinators, to avoid involving children in adult issues.
Parents should also respect a child’s privacy—especially in shared households. That means creating a safe space for your child to express their emotions without fear of judgment, and honoring the child’s need for age-appropriate boundaries and routines.
Real-Life Tips for Supporting Your Child’s Rights
- Stick to the plan. Follow your time-sharing schedule unless an emergency arises. If changes are needed, communicate them respectfully and in writing.
- Don’t talk negatively about the other parent. Your child deserves a relationship with both parents free from manipulation or guilt.
- Provide emotional outlets. Let your child draw, write, or talk to a counselor if they need help processing their emotions.
- Use court-approved tools. Florida’s self-help forms include resources for modifying or enforcing parenting plans if needed.
- Ask for professional help when necessary. School counselors, pediatricians, and child therapists can offer developmentally appropriate guidance and referrals.
Final Thoughts
During separation or custody proceedings, your child is not just a passive bystander—they are a person with needs, rights, and a future shaped by how the adults around them behave. Florida law, child welfare guidance, and decades of psychological research are clear: children deserve emotional safety, respectful co-parenting, and the opportunity to thrive. Protecting those rights isn’t just about legal compliance. It’s about parenting with intention, empathy, and long-term stability in mind.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. While it draws on verified Florida laws and child welfare resources, each family situation is unique. For legal help, contact a licensed Florida family law attorney or your local legal aid office. Always verify legal procedures with the Florida Courts Self-Help Center or official resources.
