How Child Custody Is Determined in Florida

February 12, 2026

How Child Custody Is Determined in Florida

When parents separate or divorce, few issues are more emotionally charged than child custody. Understanding how Florida courts determine custody can help parents make informed decisions while protecting their child’s well-being. At the Law Office of Jason G. Smith, we help families throughout Florida navigate custody matters with clarity, compassion, and strong legal advocacy.


Florida law prioritizes the best interests of the child, not the preferences of either parent. Knowing how courts evaluate custody arrangements can ease uncertainty and help you prepare for what lies ahead.


Understanding Child Custody Under Florida Law

Florida no longer uses the traditional terms “custody” and “visitation.” Instead, the court focuses on parental responsibility and time-sharing arrangements. The goal is to ensure that children maintain meaningful relationships with both parents whenever possible.


In most cases, Florida courts encourage shared parental responsibility, meaning both parents retain decision-making authority regarding major aspects of the child’s life, such as education, healthcare, and upbringing. However, time-sharing schedules may vary depending on the family’s circumstances.


The Best Interests of the Child Standard

Florida courts determine child custody based on what serves the best interests of the child. Judges consider a wide range of factors outlined in Florida law, including but not limited to:

  • Each parent’s ability to encourage a close parent-child relationship
  • The mental and physical health of both parents
  • Each parent’s capacity to provide a stable home environment
  • The child’s school, community, and social connections
  • Each parent’s involvement in the child’s daily routine
  • Moral fitness of the parents
  • Any history of domestic violence, abuse, or neglect


No single factor determines custody. Instead, the court evaluates the totality of circumstances to reach a decision that promotes the child’s long-term well-being.


Parenting Plans and Time-Sharing Schedules

Florida law requires parents to submit a parenting plan in custody cases. A parenting plan outlines how parents will share time with their child and make important decisions moving forward.


A parenting plan typically includes:

  • A detailed time-sharing schedule
  • Designation of parental responsibilities
  • Communication guidelines between parents
  • Provisions for holidays, vacations, and special occasions


If parents can agree on a parenting plan, the court will generally approve it as long as it serves the child’s best interests. If no agreement is reached, the judge will establish a plan based on the evidence presented.


Can a Child’s Preference Influence Custody Decisions?

In some cases, a child’s preference may be considered, especially if the child is mature enough to express a well-reasoned opinion. However, a child’s wishes are only one factor and do not control the final outcome. The court will still focus on what arrangement best supports the child’s safety, stability, and development.


When Custody Arrangements May Be Limited

While shared parental responsibility is generally favored, Florida courts may limit or restrict custody rights if doing so is in the child’s best interests. This can occur in cases involving domestic violence, substance abuse, neglect, or other behaviors that may place the child at risk.


In such situations, the court may award sole decision-making authority to one parent or impose supervised time-sharing arrangements.


How a Florida Family Law Attorney Can Help

Child custody cases can be legally complex and emotionally taxing. Working with an experienced Florida family law attorney can help protect your parental rights while ensuring your child’s needs remain the top priority.


Jason G. Smith provides personalized legal guidance throughout the custody process, helping parents understand their options, present strong cases, and pursue outcomes that support their family’s future.


Speak With a Florida Child Custody Attorney Today

If you are facing a child custody matter in Florida, you do not have to navigate it alone. The Law Office of Jason G. Smith is committed to helping parents make informed decisions and achieve custody arrangements that serve their children’s best interests.

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