Child Custody FAQs

Florida law no longer uses the term “custody” and there is also no “primary” or “secondary” parent designation. These terms have been replaced with “time-sharing.” A parent may have majority time-sharing or there can be a 50/50 time-sharing split, where both parents have equal time-sharing. The court will make a time-sharing schedule based on what is in the “best interests of the child.” The judge will rely on the factors stated in Florida Statutes 61.13 to make this determination.

A father can become the parent with majority-time sharing. The mother does not have any superior time-sharing rights.

No. Parents have a right to privacy and this includes how they raise their children. However, parents may voluntarily agree to visitation by grandparents. Any attempt to compel visitation with a grandparent is unconstitutional, except in certain limited circumstances, such as where the child is removed from the parent(s) physical custody or if both parents are deceased.

You can file a Petition for Modification of the Parenting Plan with the court. In order to have any chance of success, you will have to prove that there has been a material, substantial and unanticipated change in circumstances, from the date the parenting plan was court-ordered and that modification is in the best interests of the child.
Custody orders may also be changed if one party relocates or if the child has different needs.

Generally, each party bears their own costs and attorney’s fees. In a divorce case, one party may get the other spouse to pay his/her attorney’s fees. Also, if there is vexatious litigation, you can get fees from the other parent.

No. A parent should not withhold time-sharing because of missed child support payments. Courts frown upon this type of behavior and a parent could find himself/herself in contempt if he/she refuses to follow the court-ordered timesharing schedule.

There is no particular age when a child can decide which parent he/she wants to live with. The court will look at the “reasonable preference of the child” and if the child has “sufficient intelligence, understanding and experience to express a preference.” It is rare for the court to allow the child to testify, but if it does, it will be through an “in camera” examination where only the judge, the child and a court reporter are present. Attorneys, family members and the parents are not allowed.

If you cannot agree on a parenting plan, the court will make the decision for you based on what is in the “best interest of the child.” The factors regarding this standard are laid out in Florida Statutes section 61.13.

It depends on how far he/she is moving and whether there is a pending Paternity or Dissolution of Marriage case in court. You must act quickly in a situation like this as Florida loses jurisdiction after the children have been gone out-of-state for at least 6 months, if there was no prior court order retaining jurisdiction.