Family Law

Family Law in Florida: 6 Things You Need to Know About Child Custody

November 9, 2022

About 13 percent of the population is divorced. If you’re in this situation, you may worry about custody, child support, and your child’s needs.

The good news is that Florida family law places children’s best interests first. Here’s what you need to know about custody, time-sharing, and support in Florida.

1. Florida Doesn’t Use the Term “Custody”

The first thing to know when dealing with Florida child custody law is that Florida doesn’t use the term “custody.” The state has started moving away from the term in recent years in an effort to change the focus of these hearings. Rather than presenting the child as a burden, the state wants to encourage a sense of shared parenting even with separated parents.

Instead, Florida family law is shifting to the term “shared parental responsibility” in place of “custody.” This focuses on how each parent will be in charge of meeting the child’s needs when they are with them. They have also worked to make sure that, except in extreme cases, both parents have access to the child or children after the divorce.

2. They Use a “Time-Sharing” Plan

Instead of “visitation,” Florida courts now order time-sharing schedules. Parents divide time with their child, including weekends, holidays, and school breaks.

Parents can agree on a schedule. If not, the court will decide after hearing both sides.

3. Custody Cases Focus on the Child

Florida custody cases focus on the child, not the parents. Courts apply the “best interest of the child” standard in every case.

Judges aim to keep children out of parental disputes and protect them from harm. This principle guides time-sharing and parental responsibility decisions.

4. Custody Plans Include Child Support

Even with parental responsibility often getting shared more evenly, Florida courts still recognize that one parent may take more financial responsibility for the child. Likewise, one parent may be more financially equipped to provide for the child’s needs than the other. So today’s custody plans often include provisions for child support.

A court will start child support decisions by considering the child’s needs. This may include factors like education, medical care, child care arrangements, and so on, as well as each parent’s financial situation. Based on what they find, the court will determine which parent, if any, will need to pay child support and how much those payments will be.

5. Both Parents Can Access Records

In Florida, both parents usually have access to school, medical, and dental records. This remains true even if one parent has sole parental responsibility.

Exceptions exist if a judge denies access due to abuse, substance issues, or other risks. These cases are rare.

6. Time Sharing Does Not Depend on Child Support

Unlike some states, Florida does not link visitation to child support. Even if a parent falls behind, the other parent cannot block time-sharing.

However, failing to pay support carries other serious legal consequences.

Learn More About Family Law in Florida

Child and family law in Florida is always a challenging area, but Florida courts are working to make it healthier for the children involved. The term “custody” is being shifted to “parental responsibility,” and “visitation” is moving to “time-sharing.” Courts focus on the needs of the child above all else, and neither record access nor time sharing depends on custody and child support.

If you’d like to learn more about family law in Florida, check out the rest of our site at Boyer Law Firm. We strive to resolve your legal problems in a quick and efficient manner in an atmosphere where our services are easily accessible. Contact us for a case evaluation today and let us do the heavy lifting in your case.