For parents going through a divorce or separation, few issues feel more important than their children. Florida courts do not automatically favor mothers or fathers. Instead, judges focus on the best interests of the child.
## Does Florida Use the Term "Custody"?
Florida no longer uses the traditional terms of sole custody or joint custody. Instead, Florida law focuses on parental responsibility — the authority to make important decisions regarding a child's life including education, medical care, and religious upbringing — and time-sharing, which refers to the schedule that determines when the child spends time with each parent.
## What Is the "Best Interests of the Child" Standard?
Florida courts make decisions based on what they believe is best for the child. The focus is not which parent is more likable, which parent earns more money, or which parent wants more time. The focus is the child's well-being.
## Factors Florida Courts Consider
**Each Parent's Ability to Support the Child's Relationship With the Other Parent**
Courts generally favor parents who encourage healthy relationships between the child and the other parent.
**The Child's Emotional and Developmental Needs**
Every child is different. Judges consider age, emotional needs, developmental stage, and stability requirements.
**Parental Involvement**
Courts often review school involvement, medical appointments, daily caregiving responsibilities, and extracurricular activities.
**Home Stability**
Judges frequently consider housing stability, living arrangements, consistency of routines, and school continuity.
**Physical and Mental Health**
The physical and mental health of both parents may be considered when relevant to parenting responsibilities.
**History of Domestic Violence**
Allegations or findings involving domestic violence are taken seriously and may significantly affect parenting decisions.
## What Is a Parenting Plan?
Florida generally requires a parenting plan when parents separate. A parenting plan outlines time-sharing schedules, holiday schedules, transportation arrangements, communication expectations, and decision-making responsibilities.
## Can Parents Create Their Own Custody Agreement?
In many situations, yes. Courts often encourage parents to reach agreements whenever possible, which provides greater flexibility, reduced conflict, more control over outcomes, and faster resolution.
## Frequently Asked Questions
**Do mothers automatically get custody in Florida?**
No. Florida law does not automatically favor mothers or fathers.
**Can fathers get equal parenting time?**
Yes. Courts evaluate the specific facts of each case.
**Can custody orders be modified later?**
In some situations, modifications may be possible when substantial changes occur.