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Best Interests of the Child in a Florida Divorce
When parents divorce in Florida, disagreements about children can become some of the most difficult issues in the case.
If parents cannot agree on parental responsibility, a parenting plan or a time-sharing schedule, the court does not simply decide which parent “wins.” Florida law requires decisions involving parenting and time-sharing to be based on the best interests of the child.
But what does that actually mean?
Florida law identifies numerous factors that courts consider when evaluating a child’s welfare and the circumstances of that particular family. Understanding those factors can also help parents understand why parenting plans address much more than simply where a child sleeps.
If you are looking for an overview of the entire divorce process when minor children are involved, start with our Divorce With Children in Florida guide.
What Does “Best Interests of the Child” Mean in Florida?
The best-interests standard focuses on the child’s welfare rather than simply what either parent wants.
Florida Statute §61.13 provides that the child’s best interests must be the primary consideration when establishing or modifying parental responsibility, a parenting plan or a time-sharing schedule.
The court evaluates the circumstances of the particular child and family using statutory factors involving stability, parenting abilities, communication, the child’s developmental needs, safety and many other considerations.
That means there is no single fact that answers the question in every family.
Does Florida Automatically Give Parents 50/50 Time-Sharing?
Florida law currently includes a rebuttable presumption that equal time-sharing is in the best interests of a minor child, unless otherwise provided by law or the parents agree to another arrangement.
“Rebuttable” is important.
It does not mean every Florida family automatically receives the same 50/50 schedule regardless of its circumstances.
A parent can attempt to rebut the presumption by showing that equal time-sharing would not be in the child’s best interests. When the parents do not have an agreed time-sharing schedule approved by the court, the court must evaluate the statutory best-interest factors when creating or modifying the schedule.
Parents who agree may also propose a different time-sharing arrangement as part of their parenting plan.
What Factors Does a Florida Court Consider?
Florida Statute §61.13 contains a detailed list of factors affecting the welfare and interests of the child.
Rather than looking at only one issue, the court considers the overall circumstances of the family.
Each Parent’s Ability to Support the Child’s Relationship With the Other Parent
The court can consider whether each parent has demonstrated an ability and willingness to encourage a close and continuing relationship between the child and the other parent, honor the time-sharing schedule and be reasonable when changes are necessary.
Putting the Child’s Needs Ahead of the Parent’s Wants
The court may consider whether each parent has demonstrated the ability to recognize and act on the child’s needs rather than primarily focusing on that parent’s own wishes.
Stability and Continuity
The length of time a child has lived in a stable and satisfactory environment and the desirability of maintaining continuity are among the statutory considerations.
The child’s home, school and community record can also be considered.
Whether the Parenting Plan Is Geographically Practical
A parenting schedule also has to work in the real world.
The court may consider the geographic viability of the proposed parenting plan, particularly for school-age children and the amount of travel required to carry out the schedule.
Each Parent’s Knowledge of the Child’s Life
Florida law allows consideration of how informed each parent is about the child’s circumstances, including matters such as friends, teachers, medical providers and daily activities.
Providing a Consistent Routine
The ability of each parent to provide consistency in areas such as discipline, homework, meals and bedtime can also be relevant.
Communication Between the Parents
The court may consider each parent’s demonstrated ability to communicate with the other parent and keep them informed about issues and activities involving the child.
Each Parent’s Past Parenting Responsibilities
The court may look at the parenting tasks each parent customarily performed before and during the case, including the extent to which parenting responsibilities were handled by other people.
School and Extracurricular Involvement
Another consideration is each parent’s demonstrated ability and willingness to participate in the child’s school and extracurricular activities.
The Child’s Developmental Needs
The child’s developmental stage and individual needs matter, along with each parent’s demonstrated ability and willingness to meet those needs.
Does Florida Favor Mothers or Fathers?
Florida’s parenting and time-sharing statute does not establish a rule that mothers automatically receive preference over fathers, or fathers over mothers.
Instead, parental responsibility and time-sharing are governed by the child’s best interests and the requirements of Florida law.
Florida also currently has the rebuttable presumption concerning equal time-sharing discussed above.
What Is Shared Parental Responsibility?
Florida law generally provides for shared parental responsibility unless the court determines that shared parental responsibility would be detrimental to the child.
Shared parental responsibility should not be confused with equal time-sharing.
Parental responsibility concerns responsibility for parenting decisions. Time-sharing addresses when the child spends time with each parent.
The court may also give one parent ultimate responsibility over particular aspects of a child’s welfare or divide responsibilities between the parents based on the child’s best interests.
Those areas can include matters such as education and healthcare.
What Does a Parenting Plan Have to Address?
Florida parenting plans provide the structure for how parents will handle parenting after separation or divorce.
Under Florida law, a court-approved parenting plan must address matters including:
- How the parents will share and handle daily parenting responsibilities
- The time-sharing schedule
- Responsibility for healthcare
- School-related matters
- Other activities
- How the parents will communicate with the child
- Exchange locations unless the parents otherwise agree in writing
For a complete explanation, see Florida Parenting Plan Explained.
If you and the other parent are actually working on the details of your schedule, our Creating a Parenting Plan in Florida guide covers practical issues such as holidays, exchanges, long-distance parenting and common time-sharing schedules.
Can a Child Choose Which Parent to Live With?
A child does not simply choose which parent they will live with and control the outcome of the case.
However, Florida’s statutory factors allow the court to consider the reasonable preference of the child if the court determines that the child has sufficient intelligence, understanding and experience to express a preference.
The child’s preference is one consideration among the broader best-interest factors.
How Does Domestic Violence Affect the Best-Interests Analysis?
Safety is an important part of Florida’s parenting laws.
Florida law specifically addresses evidence involving domestic violence, sexual violence, child abuse, abandonment and neglect when evaluating parenting matters.
Certain circumstances can also create statutory presumptions affecting shared parental responsibility or time-sharing.
Because domestic violence and child-safety issues can significantly affect legal rights and court orders, someone dealing with those circumstances should consider obtaining advice from a licensed Florida family-law attorney.
Does Substance Abuse Matter?
It can.
Among Florida’s statutory considerations is each parent’s demonstrated ability and willingness to maintain an environment for the child that is free from substance abuse.
Again, the court evaluates the circumstances of the particular family rather than applying one isolated factor to every case.
Can What Parents Say About Each Other Affect the Case?
Florida’s best-interest factors specifically include a parent’s demonstrated ability to protect the child from the ongoing litigation.
This includes considerations such as not discussing the litigation with the child, not sharing litigation documents or electronic media with the child, and refraining from disparaging comments about the other parent to the child.
In plain English: involving children in the parents’ legal battle can matter.
What If the Parents Agree on the Parenting Plan?
Not every divorce requires a judge to choose a parenting schedule.
Many parents make these decisions themselves.
If both parents agree on their parenting plan and the other terms of the divorce, their agreed parenting arrangements can be included in the documents submitted to the court for approval.
Our Mutual Agreement Divorce With Children guide explains the process we use when parents have reached the necessary agreements.
What If the Parents Cannot Agree?
If parents cannot agree about parental responsibility, time-sharing or other child-related issues, the divorce can still move forward.
The unresolved issues may proceed through mediation and, if necessary, ultimately be presented to the court for determination.
The judge then applies Florida law and the best-interests standard to the issues that require a decision.
If your spouse will not cooperate and you know where they can be served, see our Divorce With Children by Summons guide.
The Best-Interests Standard and Child Support Are Different Issues
Parenting arrangements and child support are related, but they are not the same determination.
The time-sharing schedule can affect information used in calculating child support, but a parent should not assume that parenting time is simply exchanged for support—or that failure to pay support automatically eliminates time-sharing.
For more information about how the parenting schedule and support calculation connect, read Parenting Plans and Child Support in Florida.
Why the Best-Interests Standard Matters Even When You Agree
It is easy to think the best-interests standard matters only in a contested custody dispute.
But even when parents agree, the parenting plan becomes part of the divorce documents presented to the court.
Thinking about stability, school, transportation, communication, the children’s developmental needs and the practical realities of the schedule can help parents create an arrangement that works beyond the day the divorce is finalized.
We Prepare Documents Based on the Decisions You Make
Divorce in Florida Online has helped Florida families prepare divorce documents for more than 15 years.
When parents agree, we can prepare parenting-plan and divorce documents based on the decisions they provide.
We are non-attorney divorce document preparers. We cannot evaluate the statutory factors and tell you what a judge would decide, advise you what time-sharing schedule to request, determine whether evidence is legally sufficient, or represent either parent in a dispute.
If you need advice about your legal rights or what parenting arrangement you should pursue, you should consult a licensed Florida family-law attorney.
Tell Us About Your Situation
Maybe you and the other parent already agree on the parenting schedule. Maybe you agree on most things but still have a few details to work through. Or maybe your spouse will not cooperate at all.
Tell us a little about what’s happening. We’ll review your answers and determine whether one of our document-preparation processes may fit your situation.
Tell Us About Your SituationFrequently Asked Questions About the Best Interests of the Child in Florida
What does “best interests of the child” mean in Florida?
Florida courts use the best interests of the child as the primary consideration when determining parental responsibility, parenting plans and time-sharing. Florida law identifies multiple factors affecting the welfare of the particular child and circumstances of the family.
Does Florida automatically require 50/50 time-sharing?
Florida currently has a rebuttable presumption that equal time-sharing is in a minor child’s best interests unless otherwise provided by law or the parents agree otherwise. The presumption can be rebutted, and the statutory best-interest factors apply when the court must create or modify the schedule.
Does Florida favor mothers in custody cases?
Florida’s parenting statute does not establish an automatic preference for mothers or fathers. Parenting and time-sharing decisions are governed by the child’s best interests and applicable Florida law.
Is shared parental responsibility the same as 50/50 time-sharing?
No. Shared parental responsibility concerns responsibility for parenting decisions. Time-sharing concerns the schedule for when the child spends time with each parent.
Can a child decide which parent to live with?
A child’s preference does not automatically determine the outcome. Florida law allows the court to consider a reasonable preference if the court determines that the child has sufficient intelligence, understanding and experience to express one.
What happens if parents cannot agree on a parenting plan?
If the parents cannot reach an agreement, unresolved parenting issues may proceed through mediation and ultimately may need to be decided by the court using Florida’s best-interests standard.
Does domestic violence affect time-sharing?
It can. Florida law specifically addresses domestic violence and other child-safety concerns in determining parental responsibility and time-sharing, and certain circumstances can create statutory presumptions.
Florida Law Used for This Guide
This guide discusses the best-interests factors and parenting provisions contained in Florida Statute §61.13. Because statutes can change, readers should verify the current law or consult a licensed Florida attorney when legal advice is needed.
Legal Disclaimer
Disclaimer: The information on this website is provided for general informational and educational purposes only and should not be construed as legal advice. Divorce in Florida Online is not a law firm, and no attorney-client relationship is created by the use of this website or its content. We do not provide legal advice or legal representation. Laws and procedures vary by case and may change over time. For legal advice regarding your individual circumstances, you should consult with a qualified, licensed attorney.