How Does Florida Decide Between 50/50 Custody and a Primary Caregiver?

Attorney Answer

Florida law no longer uses the word "custody." Instead, courts decide "time-sharing" and "parental responsibility," and as of a 2023 change to Florida law, equal time-sharing is now presumed to be in a child's best interest unless evidence shows otherwise. That means the parent asking for 50/50 starts from a position Florida law generally favors, and if you want to be the primary caregiver with more time than an even split, you'll generally need to show the court why that arrangement better serves your child.

Under Florida Statutes Section 61.13, the court looks at a long list of specific factors to decide what's actually in the child's best interest, including each parent's ability to provide a consistent routine, each parent's willingness to support the child's relationship with the other parent, each parent's moral fitness and mental and physical health, how close the parents live to each other, and, depending on the child's age and maturity, the child's own reasonable preference.

Whether you're currently married, going through a divorce, or were never married to your child's father changes which type of case this is, but the same best-interest factors generally apply either way.

What you can do

1. Think through the Section 61.13 factors honestly and gather evidence, like school records or a work schedule, showing which arrangement actually serves your child's routine and stability. 2. Expect to attend mediation, which Florida courts often require before a contested time-sharing hearing. 3. Avoid speaking negatively about your child's father in front of your child, since courts pay close attention to each parent's willingness to support the other's relationship with the child. 4. If there are safety concerns, such as domestic violence or substance abuse, raise them directly and with documentation, since these can affect the presumption of equal time-sharing. 5. Talk to a Florida family law attorney early, since the equal time-sharing presumption means you'll want a clear, evidence-based case for anything other than 50/50.

This is general legal information, not legal advice. A Florida family law attorney can review your specific circumstances and help you build the strongest case for the arrangement you believe is best for your child.