Florida Child Custody Laws

When they separate, parents must agree on child custody arrangements. These arrangements include how they will make major decisions and share time with the child. If parents can't agree, courts will decide the best course of action based on state child custody laws.

Florida adheres to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is a federal law that mandates that each state honor and enforce child custody rulings made by courts in other states.

This article offers a summary of child custody laws in Florida.

Types of Custody in Florida

In Florida, custody is parental responsibility and includes two main types: legal custody and physical custody. Legal custody can be joint or sole:

• Joint legal custody, or shared parental responsibility, means parents share decision-making responsibilities about the child's education, health care, and extracurricular activities.
• Sole legal custody grants one parent the right to make these important decisions.

Physical custody, which can also be joint or sole, determines where the child lives.

• Joint physical custody involves an equal time-sharing schedule. The child spends substantial time with both parents.
• Sole physical custody means the child mostly lives with one parent.

Florida Child Custody Statutes

Look at our article on state child custody laws for more general information on child custody laws. Below, you'll find information on Florida's child custody laws, including whether Florida courts consider the child's wishes, whether joint custody is an option, and whether grandparents have visitation rights.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, it's often best to speak with a local family law attorney to learn how these laws might apply in your situation.

Florida Child Custody Hearings

Florida custody hearings are legal proceedings where a judge decides the most suitable custody arrangement for a child. During this process, courts focus on the best interests of the child. In these hearings, both parents present evidence to prove their ability to provide a stable, nurturing environment.

Florida courts consider the parent's ability to support the child's education, mental health, and participation in extracurricular activities. Evidence of domestic violence or child abuse is heavily weighed. Any evidence of abuse affects parental rights and the final court order.

The court also evaluates each parent's willingness to cooperate with a time-sharing schedule and facilitate a positive relationship with the other parent. The resulting custody agreement aims to ensure the child's well-being and stability.

Get Legal Help with Child Custody

Child custody matters are never easy, and you may find it helpful to get legal advice from an attorney on your child custody case. You can contact a Florida family law attorney in your area to discuss your case. You can also find more information in FindLaw's Child Custody section.