Is Child Custody Legal in Florida? (2026)
Yes. In Florida, child custody is legal. In Florida, child custody decisions, officially referred to as parental responsibility and time-sharing, are primarily guided by the 'best interests of the child' standard..
Key facts
- Status
- Legal
- Permit required
- No
- Jurisdiction
- Florida
- Last reviewed
- 2026-02-26
Child Custody laws in Florida
Florida Statute 61.13 governs parental responsibility and time-sharing (child custody). The primary consideration for all courts is the best interests of the minor child. The statute provides a comprehensive list of factors for the court to consider when determining the best interests of the child, including the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, the anticipated division of parental responsibilities for the child, the geographic viability of the parenting plan, and the mental and physical health of the parents. There is no presumption for or against the father or mother of the child. The court must adopt a parenting plan that outlines parental responsibility, including who will make decisions regarding the child's education, health care, and religious upbringing, and a time-sharing schedule. The plan should provide for frequent and continuing contact with both parents unless it is determined that such contact would be detrimental to the child. The court will consider objective and subjective factors to determine what is truly in the child's best interest, aiming for stability and well-being. Failure to comply with a court-ordered parenting plan can result in various penalties, including contempt of court, modification of the time-sharing schedule or parental responsibility, requiring the violating parent to pay the other parent's attorney's fees and costs, or even requiring the violating parent to attend a parenting course. The court's decision is always subject to modification if there is a substantial, material, and unanticipated change in circumstances that warrants a change in the best interests of the child.
Frequently asked questions
Is child custody legal in Florida for travelers?
For travelers visiting Florida, child custody is currently legal. Florida Statute 61.13 governs parental responsibility and time-sharing (child custody). The primary consideration for all courts is the best interests of the minor child. The statute provides a comprehensive list of factors for the court to consider when determining the best interests of the child, including the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, the anticipated division of parental responsibilities for the child, the geographic viability of the parenting plan, and the mental and physical health of the parents. There is no presumption for or against the father or mother of the child. The court must adopt a parenting plan that outlines parental responsibility, including who will make decisions regarding the child's education, health care, and religious upbringing, and a time-sharing schedule. The plan should provide for frequent and continuing contact with both parents unless it is determined that such contact would be detrimental to the child. The court will consider objective and subjective factors to determine what is truly in the child's best interest, aiming for stability and well-being. Failure to comply with a court-ordered parenting plan can result in various penalties, including contempt of court, modification of the time-sharing schedule or parental responsibility, requiring the violating parent to pay the other parent's attorney's fees and costs, or even requiring the violating parent to attend a parenting course. The court's decision is always subject to modification if there is a substantial, material, and unanticipated change in circumstances that warrants a change in the best interests of the child.
Do I need a permit for child custody in Florida?
Florida does not specifically require a permit for child custody, though general regulations apply.
Can I transport child custody through Florida?
Transport laws for child custody in Florida depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for child custody violations in Florida?
Penalties for child custody violations in Florida vary based on the specific offense. Always verify current laws before traveling.