In Florida, the courts have moved away from using the term “custody” for parents’ rights. Instead of “awarding custody,” the judge will “assign parental responsibility.”

Having parental responsibility means you have the right to make decisions for and about your children and to handle the regular tasks of raising your children. Parental responsibility can be assigned to both parents (shared parental responsibility) or to just one of them (sole parental responsibility).¹

The judge will also approve or create a time-sharing schedule, which specifies when the child will spend time with each parent.² The parental responsibility and time-sharing arrangements must be described in detail in a written parenting plan.³

¹ Fla. Stat. §§ 61.046(17), (18); 61.13(2)(b)(1), (2)(c)(2)-(5)
² Fla. Stat. § 61.046(23)
³ Fla. Stat. §§ 61.046(14); 61.13(2)(b)

Shared parental responsibility is when both parents have full parental rights and responsibilities with respect to their child. The parents must talk to each other and jointly make decisions about the child’s welfare, including primary residence, education, religion, medical and dental care.¹ Therefore, in cases where there is domestic violence – and the abuser has the power and control – this type of shared parental responsibility likely will not be a good option.

The judge will order shared parental responsibility unless s/he finds that shared parental responsibility would be harmful (“detrimental”) to the child. Any evidence of domestic violence or child abuse will be considered by the judge to be evidence of harm to the child, even if there is no criminal conviction and/or no injunction for protection against domestic violence. The court may consider the desires of the parents and may give one parent the ultimate responsibility for particular aspects of the child’s welfare or may divide the responsibilities between the parents.²

¹ F.S.A. § 61.046(17)
² F.S.A. § 61.13(2)(c)(2), (2)(c)(3), (2)(c)(4)

A “parenting plan” is a document created to establish the roles of each parent when it comes to making decisions about your child’s education, health care, and physical, social, and emotional well-being. The parenting plan must:

1. describe in detail how the parents will share responsibility for the daily tasks associated with raising the child;
2. include the time-sharing schedule with specific information about the time that the child will spend with each parent;
3. describe the methods and technologies that the parents will use to communicate with the child, such as email, phone, etc.; 
4. lay out who will be responsible for:
   • any and all forms of health care; Note: If the judge orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child;
   • school-related matters, including which address should be used for determining the child’s school registration; and
   • other activities; and
5. describe the location where the child will be exchanged, unless both parents agree in writing that they don’t want to include a specific location. Note: The judge could require the parents to exchange the child at a supervised visitation program or in the parking lot at the sheriff’s office that has video surveillance, known as a “neutral safe exchange location,” if:
   • there is a risk or an immediate threat of harm to you or your child during the exchange; 
   • it is necessary to ensure the safety of you or the child; and
   • it is in the best interests of the child.¹

In creating the plan, the parents’ relationship, any history of domestic violence, and other relevant factors must be taken into consideration. A parenting plan can be developed and agreed to by the parents and approved by the judge. However, the judge might decide to make his/her own parenting plan if s/he does not approve of the plan agreed to by the parents or if the parents cannot agree on a parenting plan. In these cases, the judge will create the parenting plan after hearing evidence and testimony from both parents.²

¹ F.S.A. §§ 61.13(2)(b); 125.01(8)
² F.S.A. § 61.046(14)

The judge must order that the parental responsibility for a minor child be shared by both parents unless the judge believes that shared parental responsibility would be harmful (“detrimental”) to the child. In determining what is detrimental to the child, the judge must consider the following factors

• evidence of domestic violence, as defined by law;
• whether either parent reasonably believes that s/he or his/her minor child is or has been in immediate (imminent) danger of becoming a victim of domestic violence, as defined by law or sexual violence, as defined by law by the other parent;
• whether either parent reasonably believes that his/her minor child is or has been in immediate (imminent) danger of becoming a victim of an act of abuse, abandonment, or neglect, as defined by law by the other parent; and
• any other relevant factors.¹

In any of the following circumstances, there is what’s known as a “rebuttable presumption” that it would be detrimental for the child to give the abusive parent shared parental responsibility and time-sharing. This means that the judge must assume that it would not be in the child’s best interest; however, the parent can present evidence to try to change the judge’s mind:

• the parent has been convicted of certain domestic violence crimes that are first degree misdemeanors or felonies;
• the parent is in prison due to circumstances that would be grounds for terminating that person’s parental rights as are explained in subsection (d) of Florida Statute § 39.806;
• the parent has been convicted of, or had adjudication withheld for, various crimes related to sexual misconduct or kidnapping of a victim who was under 18 or who appeared to be under 18. You can view the list of crimes in subsection (1)(h)(1)(a) of Florida Statute § 943.0435.²

If the judge decides to order visitation (time-sharing) by the parent who committed violence, you can ask that the visitation be supervised or very limited. The judge may do so if s/he believes it is necessary to protect your safety and the child’s safety. However, if the judge does not believe that you or your child remains at risk from the abuser, the judge may order unsupervised time-sharing.

If you feel there is a continuing risk of violence to you or your child, or if new incidents happen during the visitation, you may be able to apply for an injunction for protection against domestic violence to help keep you safe.

¹ F.S.A. § 61.13(2)(c)(2)
² F.S.A. § 61.13(2)(c)(3), (2)(c)(6)

If you are an extended family member of the child, there are two types of custody petitions that you may file. The law defines extended family member as any of the following:

1. a relative of the child within the third degree by blood or marriage to the parent;
2. a step-parent of the child but only if the step-parent is currently married to the parent of the child and is not a party in an ongoing divorce, separate maintenance, domestic violence, or other civil or criminal proceeding involving one or both of the child’s parents as the opposing party; or
3. someone who is not related to the child by birth, marriage, or adoption but who has an emotionally significant relationship to the child that is similar to a family relationship (“fictive kin.”)¹

Temporary custody is when you have legal custody over the child for a specific, period of time and during that time, you (not the parents) have decision-making power for the child (i.e., you have the right to consent to all necessary medical and dental care, to get copies of the child’s records, to enroll the child in school, etc). You may file a petition for temporary legal custody of the child if:

• you have the signed, notarized consent of the child’s legal parents; or
• the child is living with you and you are caring full time for the child in the role of a substitute parent.²

Temporary custody can granted over a parent’s objection. If one or both of the parents object to you having temporary custody, you have to prove that the child’s parents are unfit to provide the proper care and control of the child because the parent has abused, abandoned, or neglected the child. If you do get temporary custody, the court can order visitation rights to the parent(s) and a reasonable transition plan that provides for the return of custody back to the parent(s) if it is in the child’s best interests to do so.³

Concurrent custody is when you and the parent(s) both have custody rights to the child for a specific, temporary period of time.⁴ Concurrent custody does not eliminate or lessen the custodial rights of the child’s parent(s) and they can get physical custody of the child back at any time. Concurrent custody can only be granted when both parents agree to it - if one parent objects, you cannot get concurrent custody.⁵

You may file a petition for concurrent custody of the child if:

• you have the signed, notarized consent of the child’s legal parents; or
• the child is living with you and you are caring full time for the child in the role of a substitute parent and both of the following are true:
  • you currently have physical custody of the child or you have had physical custody for at least 10 days in any 30-day period within the last 12 months; and
  • you do not have signed, written documentation from a parent that would allow you to do all of the things necessary to care for the child instead of the parent (since that would be what you would get with temporary legal custody, not concurrent custody).⁶

Note: Either a temporary or concurrent custody can entitle you to collect child support.⁷

¹ F.S.A. §§ 751.011(2); 39.01(29)
² F.S.A. § 751.02(1)
³ F.S.A. § 751.05(3)(b) & (4)(b)
⁴ F.S.A. § 751.011(1)
⁵ F.S.A § 751.05(3)(a)
⁶ F.S.A § 751.02(2)
⁷ F.S.A. § 751.05(5)(b)

In making a decision about parental responsibility, the judge will have the child’s best interests as the main consideration. These are some factors that the judge will consider in order to determine what is in the child’s best interests:

• whether the parents have shown that they can or will provide the child with a consistent routine involving discipline, bedtime, meals, etc.;
• the mental and physical health of the parents;
• the home, school and community record of the child;
• the willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent, to honor the time-sharing schedule, to be reasonable when changes are required, and to communicate with and back up the decisions of the other parent;
• how parental responsibilities will be divided up after the case is over, including how much of the responsibility will be handled by someone other than the parent(s)(i.e., a nanny);
• the ability and willingness of each parent to consider and act upon the child’s needs (as opposed to the parent’s own needs) and to be involved with child’s friends, teachers, extracurricular activities, doctors, etc.;
• the moral fitness of the parents;
• whether the parents have and will keep the children out of the court case and not bad-mouth the other parent;
• how long the child has lived in a stable, satisfactory environment and the benefit to the child of not changing that situation;
• how much traveling the child would have to do if spending a lot of time with parents who live far from each other;
• evidence of domestic violence, sexual violence, child abuse, neglect or abandonment or evidence of providing false information to the court about these issues;
• who was the primary care-taker of the child;
• the ability of both parents to meet child’s development needs;
• the reasonable preference of the child, if the judge believes that the child is mature and intelligent enough to form a preference;
• whether the parents have or will provide a home that is free of drug use; and
• any other factor that is relevant.¹

You need to be prepared to give as much information as possible to help the court evaluate these and all the other factors regarding the welfare and interests of the child that the court may consider. This means gathering information the child’s other parent as well as about yourself.

For more information on how evidence of domestic violence can affect who gets parental responsibility and time-sharing, go to Can a parent who committed violence get custody (parental responsibility) or visitation (time-sharing)?

¹ F.S.A. § 61.13(3)

You may ask for temporary custody (parental responsibility) of your child when you file a petition for an injunction for protection against domestic violence in Florida.¹  The clerk of court will provide you with a petition form that includes a section to complete if you want the judge to make a temporary parenting plan where you can request that the abuser’s time-sharing be limited, prohibited, or supervised.²  However, parenting plan and time-sharing provisions granted with an injunction expire with that order.¹  For more information on how to get an injunction for protection against domestic violence in Florida, please see our Injunctions for Protection Against Domestic Violence page.

¹ F.S.A. § 741.30(5)(a)(3) & (6)(a)(3)
² F.S.A. § 741.30 (3)(k)

The law says that both parents have the right to access records and information relating to his/her child, including, but not limited to medical, dental and school records. This includes the right to talk to the child’s doctor or teacher as well as looking at the written records. The only way to keep the other parent from being able to access those records is if the judge specifically denies the parent that right as part of court order, such as in an injunction for protection against domestic violence¹ or as part of the parenting plan.

Most records will include your child’s home address and phone number. Therefore, if your child lives with you and you are trying to keep your address confidential from the abuser, or if there is any other reason that you feel that access to those records would put you or your child in danger, be sure to explain this to the judge and ask that the abuser’s rights to access the child’s records be taken away. If the judge agrees to include this in your order, you might want to give a copy of the order to your child’s teachers and doctors so they know not to give the abuser the records. If the judge does not agree to restrict the abuser’s access, you might want to ask the doctors and teachers if you can use a P.O. Box as the mailing address in the records.

¹ F.S.A. § 61.13(2)(c)(7)

Under Florida law, if you have fled to Florida with your child, you can apply for temporary emergency custody if:

• the child has been abandoned; 
• it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse; or
• it is necessary in an emergency to protect the child because the child has been subjected to or is threatened with being subjected to sex-reassignment prescriptions or procedures.¹ 

If there is already a child custody order from another state or there is an ongoing custody case in another state, any temporary custody order issued by the Florida court would be valid for the period of time that the judge believes that it would take you to return to the original court to try to modify (change) the original order.² 

Getting temporary emergency custody can be difficult to do.  We strongly recommend that you get help from a lawyer if you are considering filing for temporary emergency custody. Go to FL Finding a Lawyer. For information on what state is the “home state,” please see Where can I file for child custody? (Which state has jurisdiction?)

¹ F.S.A. § 61.517(1)
² F.S.A. § 61.517(3)

Before you file for custody, you may consider making an out-of-court agreement with the other parent. Parents often have to be flexible about custody and visitation for the child’s benefit. Parents who fight for sole custody may be in court for months or even years. And they may still end up with some sort of joint custody order after a settlement or trial.

However, sometimes, parents need to file for custody because they can’t agree with the other parent. You may also need to file for custody if the other parent is keeping the child from you or if you fear for the child’s well-being. If the other parent has committed domestic violence against you, s/he may try to keep power and control over you through the child. When there has been domestic violence, joint custody usually isn’t a good option due to the power difference in the relationship between the parents.

Keep in mind that custody court cases can take a long time. Going through this process can be emotionally and financially draining, so please do what you can to take care of yourself. If you have experienced domestic violence, you may want to contact a local domestic violence organization. An advocate there may be able to support you and help you plan for your safety while in court.

You can watch our Custody, Visitation, and Child Support videos, where we explain legal concepts and the court process, to learn more about this topic. You can also read more about safety issues on the Safety Issues section of our Court System Basics page. 

In the following sections, we will discuss the steps that generally take place during the custody process. For precise information on how this process works in your county and state, you may want to contact a local lawyer.

The legal paperwork that starts a custody case is called a petition. Florida does not use the word “custody” for parents. Instead, a parent may file a petition to establish a parenting plan, which covers parental responsibility and time-sharing.¹ You may file your petition in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives.

The exact petition you file may depend on whether or not you are married to the child’s other parent, as you can see in the chart below.

Sometimes, non-parents can also file for custody or visitation rights. To find out about filing as a non-parent, see Can grandparents get visitation rights in court? and I am a member of the child’s extended family. Can I get temporary or concurrent custody of the child?, or talk to a lawyer.

The petition forms you need will be available at your local courthouse. Many forms are also available online. Some courts may have a court assistance officer or other staff who can help you complete the forms you need to file. However, court staff cannot advise or represent you. It’s best to get help from a lawyer to make sure that you have all of the forms and fill them out correctly. You can use our Florida Courthouse Locations, Download Court Forms, and Finding a Lawyer pages to find your county’s court, the forms, and local lawyers.

Depending on what’s going on with the child and the other parent, you may be able to ask for an emergency or temporary custody order when you file your petition. That may require appearing in front of the judge. However, in most cases, you will just file the petition, and then the clerk will tell you a date to return to court a few weeks or months later. If your child’s well-being is in danger, make sure to mention this on the petition and notify local authorities as needed. It may also be possible to file for a restraining order, which Florida calls an “injunction for protection,” and get a temporary parenting plan as part of it.

After you file, the papers will need to be given to the other parent. This is called “service of process,” and there are specific rules on how to do it. You may want to ask the clerk for the instructions on how the other party must be served in your state.

¹ See Petition for Support and Parenting Plan Unconnected with Dissolution of Marriage (Family Law Form Number 12.904(a)(2)), available on the Florida Courts website.

There are two different ways that you might be able to get a final custody order – by coming to an agreement, or by going to trial.

Reach an agreement: In some situations, you and the other parent might be able to reach an agreement (settlement) about your child’s living arrangements. If the judge approves, your agreement could become the final custody order. This could allow you to keep some level of control over the outcome and help you avoid the stress and uncertainty of a trial. You and the other parent could negotiate an agreement by yourselves, with the help of your attorneys, or through mediation.

Go to trial: If you can’t agree or if it’s unsafe for you to deal with the other parent directly, the next step will be a trial. At that point, the judge will make all the decisions about custody based on what s/he believes is in your child’s best interests. During a trial, you or your attorney can present evidence and cross-examine the other parent. The other parent can do the same. If you are representing yourself, you can learn more about how to do this in our At the Hearing section.

If the other parent violates your court-ordered rights in your parenting plan, you may file a petition to enforce your existing court order and ask the court to punish the parent for the violation. The court may hold the parent in contempt of court and punish the parent by ordering one of the remedies listed in If the other parent fails to pay the child support that the court ordered, can I refuse to honor his/her visitation (time- sharing) rights?¹

¹ Fla. Stat. § 61.13(4)(c), (4)(d)

Because custody is decided in the best interests of the child, an order is not usually permanent. If you have a custody order (parenting plan) already in place, you may petition the court to make changes to it (modify it).  However, to change a custody order, you generally need to prove that there has been a “substantial change in circumstances” since the original custody determination and that it is the child’s best interests to change the parenting plan. Furthermore, the substantial change must a material (important) change.¹

If a court in Florida issued the child custody order (parenting plan) that you want to change, you can file the modification petition in the circuit court in the county in which either parent and the child reside or the circuit court in which the original order was issued.²  A request for a change in a custody order (parenting plan) can be very complicated.  We recommend that you seek the advice of a lawyer.  If you need help in finding a lawyer, you can find one on our FL Finding a Lawyer  page.

To find the location of the circuit courts in FL, go to our FL Courthouse Locations page.

¹ F.S.A. § 61.13(2)(c)
² F.S.A. § 61.13(2)(d)

If the other parent agrees to the relocation, you can draw up a written, signed agreement with the other parent (and with anyone who has access to or a time-sharing schedule for the child) that:

• allows the child to move with you;
• lays out the access or time-sharing schedule for the non-relocating parent and anyone else entitled to access or time-sharing; and
• describes, if necessary, any transportation arrangements related to the access or time-sharing.

Then, you can file this in court and ask that it be “ratified” (approved) by the judge without having a hearing on the issue. Although, after you file it, the other parent has 10 days to request a hearing in writing. If no request is made within 10 days, the order will be assumed to be in the child’s best interests and the judge will ratify it so that it becomes an enforceable court order.¹

¹ Fla. Stat. § 61.13001(2)