Can I get 50/50 custody in Florida?
Possibly. Since July 1, 2023, Florida law presumes that equal (50/50) time-sharing is in a child’s best interests. That presumption can be overcome with evidence that a different schedule is better for the child. The court decides using factors listed in the statute, so the facts of your family matter.
Florida says time-sharing, not custody
Most parents search for “custody,” but Florida law does not use that word. It splits the idea into two parts, and both are written into a parenting plan, the document that sets out how parents will share raising their child.
Parental responsibility means who makes the major decisions in your child’s life. Time-sharing is the schedule: which days and nights your child spends with each parent.
Shared parental responsibility is the default. Both parents make major decisions together unless the court finds that sharing that responsibility would be detrimental (harmful) to the child. For many parents, the biggest questions are about the schedule.
What about 50/50 custody?
Since July 1, 2023, Florida law presumes that equal time-sharing is in the child’s best interests. In plain terms, the starting point is a 50/50 schedule. A parent who wants something different has to show, with evidence, that another schedule is better for the child.
Some parents come to us wanting exactly that even split. Others say, “I want the children during the week, and the other parent can have every other weekend.” Either request can be made. The court decides based on a list of factors in the statute, and the question is always what serves the child, not which parent wins.
Changing a plan, moving, and unmarried parents
Children grow, jobs change, and families move. A parenting plan can change too, but Florida law sets rules for when and how, and the details depend on your case and the court. It helps to get advice before you file or before you move. These rules come up often:
- To modify a parenting plan, a parent must show a substantial and material change in circumstances, and that the change is in the child’s best interests.
- A parent who wants to relocate more than 50 miles from their principal residence for at least 60 consecutive days needs a written agreement or court approval.
- For parents who were never married, a father has no court-enforceable time-sharing until paternity is legally established.
Grandparents and other relatives
Sometimes the person trying to protect a child is not a parent. If you are a grandparent, aunt, uncle, or another relative stepping in to care for a child, a different part of Florida law applies.
Please visit our Grandparent and Relative Custody page to learn how that process works. We are glad to talk through your family’s situation in English or Spanish, starting with a free case evaluation by phone.
How Annette Sanchez Law helps
- Listen to what your children need, then build a parenting plan and time-sharing schedule around their school, routines, and relationships.
- Explain how the 50/50 presumption applies to your family and what evidence may support the schedule you are asking for.
- Handle parenting plan modifications and relocation requests in Miami-Dade and Broward family courts, and in Palm Beach County depending on the case.
- Draw on Annette's background as a former senior prosecutor at DCF Children's Legal Services and as a Florida Supreme Court Certified Family Mediator when safety or conflict is part of the picture.
Frequently asked questions
Can I have the kids during the week and the other parent gets every other weekend?
You can ask for that schedule. Because of Florida’s equal time-sharing presumption, a plan that gives one parent much less time generally needs evidence that it is better for the child. Parents can also agree on a schedule together, and it is written into the parenting plan. We can talk through what supports your request and what the court is likely to look at.
How do I change my parenting plan or time-sharing schedule?
You would ask the court to modify it. Florida requires a parent to show a substantial and material change in circumstances, and that the change being requested is in the child’s best interests. What counts as a substantial change depends on your case and the court. We can review your current parenting plan with you and give you an honest view of whether a modification makes sense.
Can I move to another city with my child?
It depends on how far and for how long. A parent who wants to relocate more than 50 miles from their principal residence for at least 60 consecutive days needs a written agreement with the other parent or approval from the court. If you are thinking about moving, or the other parent has told you they plan to move, talk with us before anything happens.
What is the difference between parental responsibility and time-sharing?
Parental responsibility is about decision-making, meaning who makes major decisions for your child. Time-sharing is the actual schedule of when your child is with each parent. Shared parental responsibility is the default in Florida unless the court finds it would be detrimental to the child. Both parts are set out in a parenting plan, so it is important to think carefully about each one.
We were never married. Do I still have rights to see my child?
Unmarried parents can have a parenting plan and time-sharing, but there is an important first step. A father has no court-enforceable time-sharing until paternity is legally established. Once paternity is in place, a parenting plan and time-sharing schedule can be addressed for your child. Our paternity page explains the process in more detail, and we are happy to answer your questions.
Can grandparents or other relatives get custody of a child?
Relatives follow a different part of Florida law than parents do, and the options are not the same. If you are a grandparent or family member caring for a child, or worried about one, please see our Grandparent and Relative Custody page. We help relatives who are trying to protect children, and we can talk through what may apply to your family.
