Practice area
Child Custody Attorney in Florida
Florida uses "timesharing" rather than custody. The arrangement that the court approves — whether by agreement or after a hearing — will govern your child's schedule for years. Getting it right from the start matters.
What we handle
- Initial parenting plan drafting and negotiation
- Contested timesharing hearings and best-interest evidence
- Relocation petitions and objections under Fla. Stat. § 61.13001
- Emergency motions for temporary timesharing orders
- Parental alienation and interference with timesharing claims
- Modification of existing parenting plans when circumstances change
Florida timesharing law — Fla. Stat. § 61.13
Florida law requires every parenting arrangement to be memorialized in a court-approved parenting plan (Fla. Stat. § 61.13). The court must determine a timesharing schedule based on the best interests of the child, considering 20 statutory factors including the moral fitness of the parents, the mental and physical health of each parent, the reasonable preference of the child (when the child has sufficient intelligence and understanding), each parent's demonstrated capacity to honor the time-sharing schedule, and geographic viability. Florida does not presume that equal timesharing is always in the child's best interests — the court weighs the specific facts of your family.
How timesharing matters proceed in Florida
File or respond to the petition
A parenting plan dispute can arise within a divorce proceeding or as a standalone paternity/timesharing action. We file or respond and serve the opposing party.
Temporary orders if needed
If interim arrangements are necessary while the case is pending, we can seek a temporary order establishing a timesharing schedule until a final hearing.
Mandatory disclosure
Both parents exchange financial affidavits and documents. The parenting plan must address child support, which is calculated under Fla. Stat. § 61.30 using both parents' incomes and the overnight schedule.
Mediation
Florida courts require mediation before contested parenting hearings. Many matters settle with a detailed parenting plan that neither party is fully happy with — but that both can live with.
Evidentiary hearing or final order
If no agreement is reached at mediation, the judge holds an evidentiary hearing and enters a final parenting plan based on the statutory best-interest factors.
What it costs
Timesharing matters are typically handled on a retainer basis. Contested custody retainers start from $10,000. Uncontested parenting plan preparation is included in our uncontested divorce flat fee.
View full pricing breakdownCommon questions
Does Florida favor mothers or fathers in custody?
Florida law does not presume that either parent is more entitled to timesharing than the other. The court applies the 20 best-interest factors in Fla. Stat. § 61.13(3) without a preference based on the parent's sex. The historical involvement of each parent in the child's life is, however, one factor the court considers.
Can my child decide where they live?
A child's reasonable preference is one of the 20 statutory factors the court considers under Fla. Stat. § 61.13(3)(i), but it is not determinative. Florida courts look at the child's age, maturity, and the basis for the preference. A child cannot unilaterally choose to stop following a court-ordered parenting plan.
What is a parenting coordinator?
Florida courts can appoint a parenting coordinator (a mental health professional or attorney) to help parents resolve timesharing disputes without returning to court. Parenting coordination is authorized under Fla. Stat. § 61.125 and can significantly reduce future litigation costs.
What if my co-parent refuses to follow the parenting plan?
Willful violation of a court-ordered parenting plan is enforceable through a motion for contempt under Fla. Stat. § 61.13(4). The court can impose sanctions, modify the parenting plan, order make-up timesharing, or in egregious cases impose incarceration.
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