Shared vs. Sole Custody: Insights from Florida Child Custody Laws
Florida is well known for its sunshine, beaches, and diverse communities, making it one of the most vibrant states in the country. Beyond its lifestyle and attractions, Florida also has unique state laws that shape the lives of its residents in important ways.
One of the most significant areas of family law in Florida involves child custody—legally referred to as “parental responsibility.” Understanding how the state defines and applies custody helps parents navigate their rights and the factors courts consider when making custody decisions.
Working Definitions of Florida Child Custody
Florida child custody laws determine custody using the “best interests of the child” standard. Courts will never forget about the child’s needs. According to the U.S. Census Bureau, approximately 21 percent of children in the United States (in 2020) live with one parent only. The fact that custody issues can surface in many families speaks to the prevalence of these issues when they come before courts; however, those issues can often be confusing for parents.
What Is Shared Custody in Florida?
Shared custody (joint parental responsibility) means both parents work together to make significant decisions about their child. Important decisions could be made about education, healthcare, daily needs, etc. Florida courts favor shared custody in that this increases the chances that the child can have a continued stable relationship with both parents.
For example, if one parent wishes to change their child’s school, both parents must agree before the change takes effect.
What Is Sole Custody in Florida?
Sole custody (sole parental responsibility) means that one of the parents has the right to make all decisions. In this situation, the sole parent does not need the other parent’s consent make changes or take important decisions. Courts award sole custody only in situations where they believe that shared custody may not be in the best interest of the child. Examples include instances of neglect, abuse, or drug use. If one parent’s behavior is dangerous to the child, the court can inhibit their access to the child and grant sole custody to the other parent.
Florida’s Preference for Shared Custody
Under Florida Statute §61.13, courts must consider the child’s best interests when determining custody arrangements. Judges usually will take the position that both parents are necessary for the child’s development and happiness.Â
When Does the Court Grant Sole Custody in Florida?
Florida courts will only grant sole custody in extreme cases, including:
- Domestic violence or abuse.
- Substance misuse (drugs and/or alcohol).
- Criminality or other adverse living conditions.
- Proof that shared parenting would be harmful to the child.
In these cases, the court’s primary role is to protect children and consider their welfare.
How Do You File for Custody in Florida?
If you are going through divorce in Florida, these are the steps you should take:
- File a parenting plan with the courts.
- Submit evidence to show your child’s best interests.
- The court orders mediation.
- Attend custody hearings, presenting your case to the court.
- Follow the court’s final order, which is legally binding.
Every case is unique, but the process will ultimately consider what is best for the child.
Key Takeaways
- Shared Custody – Both parents share responsibility and have a say in the decision making.
- Sole Custody – One parent has complete authority over the child, and this is often due to safety.
- Florida laws around child custody will generally favor shared custody unless the child is in danger.
- Court proceedings will always focus on the “best interest of the child.”
