Florida Child Custody Lawyers
Child custody — known in Florida as “time-sharing” — is one of the most emotionally charged parts of any divorce or paternity case. As Pinellas County family law attorneys, we guide parents through this process with compassion and clarity, helping them protect their relationship with their children while working toward fair and sustainable parenting arrangements.
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Below, you’ll find answers to some of the most common questions about Florida child custody laws, parenting plans, and how courts determine what’s in the best interest of the child. Whether you’re going through a divorce, establishing paternity, or modifying an existing parenting plan, this guide will help you understand what to expect — and when to seek legal help.
A. Understanding Custody in Florida
- How is child custody determined in Florida?
- The term “custody” does not appear in most Florida family law statutes. However, a mother of a child born out of wedlock has sole custody of the child until the father has acknowledged paternity with the mother’s consent or until there is a court order stating the father is the legal father of the child. If the parents are married, both parents share custody unless there is a court-ordered time-sharing plan in place.
- What is joint custody vs. sole custody?
- There is no longer a distinction between joint custody and sole custody in Florida. Instead, terms may include “majority time-sharing” or “equal time-sharing.” Both parents typically share custody, but the child custody arrangement is typically outlined in a parenting plan or time-sharing agreement. These agreements can either be agreed upon by the parents or ordered by the court during a divorce or paternity case.
- What is a parenting plan?
- A parenting plan is a document that guides how the parents’ duties will be delegated after separation, which parent is responsible for which aspect of the child’s life, and the time-sharing arrangement between the parents, including holiday schedules. Parenting plans include extracurricular activities, educational decisions, childcare providers, contact between parents, communication between the child and parents, and travel out of the state or country. A parenting plan involving minor children is established in all paternity and dissolution of marriage cases in Florida.
B. Changing or Enforcing Custody
- Can a parenting plan be modified in Florida?
- Yes. A parent may petition to modify the parenting plan if circumstances have changed materially, unanticipatedly, substantially since the time of the currently ordered parenting plan and the modification is found to be in the best interest of the child(ren).
- What if parents cannot agree on a parenting plan?
- If parents cannot reach an agreement on their own or through mediation, the court will order an appropriate parenting plan based on the best interest factors laid out in Florida Statute 61.13. It is always best to work together to reach an agreement, but if you cannot agree with your ex, a divorce and child custody lawyer may be needed to assist you in getting the time-sharing plan you feel is best for your child.
- Can I refuse visitation if my ex hasn’t paid child support?
- No. A parent may not prevent the parent who is failing to pay child support from their court ordered visitation schedule. If a parent refuses to honor the time-sharing agreement laid out in their parenting plan, the other parent may be entitled to additional time-sharing to make up for the missed time with the child as well as additional sanctions if the judge deems necessary.
C. Practical Questions About Custody
- How long does it take for a custody case to be decided?
- During a divorce or paternity suit, a temporary time-sharing schedule may be established until the final hearing, at which point a permanent custody schedule will be implemented. The amount of time it takes for a divorce or paternity suit to be over depends on how quickly a hearing can be scheduled and whether the parents can reach an agreement easily. If parents mostly agree, a case may only last a few months, or if parents cannot see eye to eye, they may litigate a child custody case for a year or longer.
- If both parents share custody, who pays child support?
- Child support is calculated using the Child Support Guidelines Worksheet laid out in Florida Statutes. The guidelines are based on the parties income, percentage of overnights spent with each parent, health insurance, daycare costs, and other uncovered medical expenses. Typically, the more time-sharing one parent has, the less child support that parent will have to pay. A family law attorney can explain how your proposed parenting plan can affect your child support obligation.
- How can I increase my chances of getting more time-sharing?
- Just be the best parent you can be and try to analyze your situation using the 20 best interest factors considered by Florida family law judges. All 20 factors are discussed in greater detail here.
When to Contact a Florida Child Custody Lawyer
If you and your co-parent disagree about custody, time-sharing schedules, or child support, having an experienced Florida family law attorney on your side can make all the difference. At Pinellas Family Lawyer, we assist clients throughout Clearwater, Pinellas County, Tampa, Miami, and Palm Harbor in protecting their parental rights and achieving fair outcomes for their children.