For parents going through a separation or divorce, few decisions carry more weight than the ones made about a child’s care and upbringing. Many people still use the term “child custody,” but under Florida law, this area of family law is actually governed by rules about parental responsibility and timesharing. At Mara Law, P.A., we help parents throughout Ormond Beach, Daytona Beach, and Palm Coast understand exactly how these decisions are made and what to expect from the process.

If you are facing a custody dispute, negotiating a parenting plan, or simply want to understand your rights as a parent, this guide explains how Florida law approaches child custody and when it makes sense to work with an experienced family law attorney.

What Does “Child Custody” Actually Mean Under Florida Law?

Florida officially moved away from the term “custody” more than a decade ago. Under Chapter 61 of the Florida Statutes, courts now use two separate concepts:

• Parental responsibility, which refers to the legal authority to make major decisions for the child, such as education, healthcare, and religious upbringing.
• Timesharing, which refers to the actual schedule of when the child is physically with each parent.

This distinction matters because a parent can have significant timesharing without full decision-making authority, or vice versa. Florida law starts from the presumption that shared parental responsibility is in a child’s best interest, meaning both parents are expected to consult one another on major decisions unless the court finds that shared responsibility would be harmful to the child, such as in cases involving domestic violence, untreated substance abuse, or a parent’s incarceration.

Florida’s Presumption of Equal Timesharing

Since July 2023, Florida law has included a rebuttable presumption that equal (50/50) timesharing is in the best interests of the child. In practical terms, this means courts now begin every case from the starting point that the child should spend equal time with both parents. That presumption is not a guarantee. A parent who believes equal timesharing would not serve the child’s best interests can present evidence to overcome it, but the burden falls on the parent seeking a different arrangement, and the evidence must be meaningful. General frustration with the other parent is not enough.

This change represents one of the most significant shifts in Florida custody law in years, and it affects how parenting plans are negotiated as much as how they are litigated. Understanding how the presumption applies to your specific circumstances is one of the first things to discuss with your attorney.

How Do Florida Courts Evaluate a Child’s Best Interests?

Whether the court is applying the equal timesharing presumption or deciding whether it has been rebutted, the guiding standard remains the best interests of the child, defined in Florida Statute Section 61.13(3). The statute lists roughly twenty factors a court may weigh, including:

• Each parent’s demonstrated capacity to provide a consistent routine for the child
• Each parent’s willingness to encourage a close relationship between the child and the other parent
• The length of time the child has lived in a stable environment and the desirability of maintaining continuity
• The geographic viability of the parenting plan, including the time and cost of travel between households
• Each parent’s moral fitness, and mental and physical health
• The child’s school, home, and community record
• The reasonable preference of the child, if the court finds the child mature and intelligent enough for that preference to matter
• Evidence of domestic violence, abuse, or neglect by either parent
• Each parent’s ability to communicate with the other parent and stay informed of the child’s needs

No single factor is automatically decisive. Judges in Ormond Beach and throughout Volusia County weigh the evidence as a whole, which is why presenting a clear, well-documented case matters so much.

What Is a Parenting Plan, and Is It Required?

Florida law requires a parenting plan in every case involving minor children, whether the case arises from a divorce or from an unmarried couple’s paternity action. At minimum, a parenting plan must describe:

• The specific timesharing schedule, including weekdays, weekends, holidays, and school breaks
• Which parent is responsible for which decisions, or how shared decisions will be made
• How the parents will communicate about the child
• Who is responsible for school and healthcare arrangements

Parents are free to negotiate their own parenting plan, often with the help of their attorneys or a mediator, and present it to the court for approval. When parents cannot agree, the court will create one based on the evidence presented at hearing or trial.

Shared vs. Sole Parental Responsibility

Shared parental responsibility is the outcome in the vast majority of Florida custody cases. Both parents retain full parental rights and must confer on major decisions, even if one parent has more timesharing than the other.

Sole parental responsibility is reserved for cases where shared responsibility would be detrimental to the child. This is not a decision courts make lightly, and it typically requires clear evidence such as a documented history of abuse, neglect, or a parent’s inability to safely care for the child.

Can Grandparents or Other Family Members Seek Custody?

Florida law is highly protective of parental rights, which makes it difficult for grandparents or other relatives to obtain custody, or even court-ordered visitation, over a fit parent’s objection. Third-party custody is generally limited to situations where both parents are deceased, missing, or have been found unfit. There are, however, more limited legal tools, such as concurrent custody agreements, that allow a parent to voluntarily share responsibility with a grandparent or relative without giving up their own parental rights. Because this is a nuanced area of law, families in this situation should speak with an attorney before pursuing any court action.

How Does Relocation Affect a Custody Order?

If a parent with a timesharing schedule wants to move 50 miles or more away for 60 days or longer, Florida’s relocation statute, Section 61.13001, requires either the other parent’s written agreement or the court’s permission. Without one of these, moving with the child can expose a parent to serious legal consequences, including a change in timesharing or even contempt of court.

When a relocation request is contested, the court applies many of the same best-interest factors used in the original custody determination, along with additional considerations specific to the move, such as the reason for relocating, the impact on the child’s relationship with the other parent, and whether a revised long-distance timesharing schedule is realistic. Florida law also now allows a court to revisit the timesharing schedule when a parent moves back within 50 miles of the child, recognizing that a schedule built around distance may no longer make sense once that distance disappears.

Can a Custody Order Be Modified Later?

Life changes, and Florida law recognizes that a parenting plan that worked when a child was five may not work when that child is fifteen. To modify an existing order, a parent generally must show a substantial and material change in circumstances since the last order, and that the proposed modification is in the child’s best interests. Notably, the 2023 changes to Florida law removed the older requirement that the change also be “unanticipated,” which has made it somewhat easier for parents to seek modifications when life circumstances genuinely shift. Common examples include a parent’s relocation, a significant change in the child’s needs, or evidence that the current arrangement is no longer safe or workable.

Common Mistakes Parents Make During a Custody Case

Even well-intentioned parents can unintentionally hurt their own case. In our experience representing families throughout Ormond Beach and Volusia County, a few mistakes come up again and again:

• Involving the child in the conflict. Speaking negatively about the other parent in front of the child, or asking a child to relay messages, can be viewed unfavorably by the court and, more importantly, can harm the child emotionally.
• Overlooking the parenting plan’s fine print. Many disputes stem from vague language around holidays, school breaks, or communication expectations. A well-drafted plan prevents ambiguity from becoming conflict.
• Neglecting documentation. Custody cases are often decided on the strength of the evidence presented. Parents who keep organized records of communication, timesharing exchanges, and the child’s activities are in a far stronger position if a dispute arises later.
• Making unilateral decisions. Under shared parental responsibility, major decisions about school, healthcare, or religious upbringing generally require both parents’ input, even if one parent has significantly more timesharing.
• Waiting too long to address a problem. Whether it is a co-parent who is not following the schedule or a genuine safety concern, delay in seeking legal help can make a situation harder to resolve.

A skilled family law attorney can often help parents avoid these pitfalls altogether, both by drafting a clear, enforceable parenting plan from the outset and by advising on how to respond appropriately when problems arise.

Do You Need a Child Custody Attorney in Ormond Beach?

Even when parents are on relatively good terms, Florida’s custody statutes are detailed, the paperwork requirements are strict, and the emotional stakes could not be higher. An experienced child custody attorney can help you:

• Understand how the equal timesharing presumption and best-interest factors are likely to apply to your situation
• Negotiate a parenting plan that protects your relationship with your child
• Prepare for mediation or, when necessary, litigate your case in court
• Respond to a relocation request or file one of your own
• Pursue a modification when circumstances genuinely change

At Mara Law, P.A., we represent parents throughout Ormond Beach, Daytona Beach, Palm Coast, and DeLand in all types of timesharing and parental responsibility matters, from straightforward agreements to contested, high-conflict cases.

Frequently Asked Questions

Does the mother always get custody in Florida?

No. Florida law is gender-neutral, and since 2023 the law actually presumes that equal timesharing between both parents is in the child’s best interests. Neither parent is given preference based on sex.

What is the difference between “custody” and “timesharing”?

“Custody” is an older, informal term. Florida law now separates the concept into parental responsibility (decision-making authority) and timesharing (the physical schedule), and a parenting plan addresses both.

Can my child choose which parent to live with?

A child’s reasonable preference may be considered if the court finds the child mature and intelligent enough for that opinion to be meaningful, but it is only one of many factors and is never the sole deciding issue.

How is child custody handled for unmarried parents?

Unmarried parents establish parental responsibility and timesharing through a paternity action rather than a divorce, but the same presumptions, best-interest standard, and parenting plan requirements apply.

Talk to Mara Law, P.A. About Child Custody in Ormond Beach and Palm Coast. Whether you are negotiating your first parenting plan or seeking a modification, our family law team is here to protect your relationship with your child. Contact Mara Law, P.A. today to schedule a consultation with a child custody attorney serving Ormond Beach, Daytona Beach, and Palm Coast.