Florida Custody Guide: Filing and Deadlines

Florida-Specific Custody Information

Florida has its own terminology and specific requirements for custody cases. Here's your Florida-specific guide.

Critical Deadlines

• Response deadline: 20 days from the date of service. No extensions without a court order.
• Mandatory disclosure: Within 45 days of filing, both parties must provide financial disclosures.

Florida's Unique Terminology

Florida uses different terms than most states:

• Time-sharing: Florida's term for what other states call "custody" or "visitation." The parenting plan specifies each parent's time-sharing schedule.
• Parental responsibility: Florida's term for decision-making authority
  • Shared parental responsibility: Both parents share in major decisions (default presumption)
  • Sole parental responsibility: One parent makes major decisions (requires showing detriment from shared)
• Parenting plan: Required in every Florida custody case. Must include a detailed time-sharing schedule.

Florida's Strong Preference for Shared Parenting

Florida has one of the strongest shared-parenting presumptions in the country. The court starts from a position that both parents should have significant, meaningful time with the children. There is no automatic "primary" parent.

Required Parenting Plan

Every Florida custody case must include a detailed parenting plan addressing:

• Daily time-sharing schedule
• Holiday schedule
• Summer and school break schedule
• Methods of communication between the child and each parent
• Who is responsible for healthcare, school, and extracurricular activities
• Transportation arrangements

Mandatory Parenting Class

Florida requires completion of a parent education and family stabilization course before the case can be finalized. This is typically 4 hours. Online options are available — verify with your court clerk.

Relocation Rules

Florida Statute §61.13001 is strict:

• 60 days written notice before relocating more than 50 miles from the current residence
• The relocating parent bears the burden of proving the move is in good faith and in the child's best interest
• The non-relocating parent can file an objection
• Courts consider specific factors: reason for the move, relationship with both parents, child's preference, feasibility of preserving the relationship

E-Filing

MyFloridaCourtAccess.com

Florida requires e-filing in most counties through the Florida Courts E-Filing Portal. Register for an account and file all documents electronically.

Florida Child Support

Florida uses the Income Shares Model:

• Both parents' net incomes are combined
• A guideline amount is determined based on the number of children
• Each parent's share is proportional to their percentage of combined income
• Overnight time-sharing adjustments apply when one parent has the child more than 20% of overnights

Finding a Florida Attorney

• Florida Bar Lawyer Referral Service: floridabar.org/public/lrs
• Florida Legal Services: floridalegal.org
• LawHelp.org — select Florida

Key Florida Differences

• Florida does NOT use the "tender years" doctrine (no preference for mothers of young children)
• Florida eliminated permanent alimony in 2023 — all alimony is now durational
• Florida courts strongly favor shared parental responsibility
• Grandparent visitation rights are very limited in Florida

Next Steps

1. Note your 20-day response deadline
2. Register for e-filing at MyFloridaCourtAccess.com
3. Enroll in a parent education course early
4. Draft your proposed parenting plan — Florida requires one
5. Contact the Florida Bar Referral Service for attorney consultations