A custody dispute can feel like the hardest fight of your life. This guide from a child custody lawyer in Florida perspective explains how custody is decided, what judges look for, and how to prepare.
Florida law speaks in terms of parental responsibility (decision-making) and time-sharing, set out in a parenting plan. Furthermore, since 2023, Florida has a rebuttable presumption that equal time-sharing is in the child's best interests. Therefore, good evidence and a realistic plan matter most.
Our attorneys provide custody consultations, parenting plans and motions across Florida, entirely online.
How custody works in Florida
Custody covers two main questions. First, who makes major decisions about education, health care and religion? Second, where does the child live and when does each parent spend time with them? In Florida, the law describes this as parental responsibility (decision-making) and time-sharing, set out in a parenting plan.
Parents can agree on these issues themselves. In fact, most custody cases end with an agreed parenting plan. However, when parents cannot agree, a judge in the circuit court, such as the Lawson E. Thomas Courthouse Center in Miami decides. A child custody consultation helps you understand where you stand.
The best-interests standard in Florida
Since 2023, Florida has a rebuttable presumption that equal time-sharing is in the child's best interests. Judges look at the whole picture, not one single factor.
Common factors include each parent's relationship with the child and each parent's history of care. Similarly, courts look at the child's adjustment to home, school and community. Furthermore, judges consider each parent's willingness to support the child's relationship with the other parent. Any history of abuse or domestic violence weighs heavily.
What judges notice
Judges notice parents who stay calm, focused and child-centered. By contrast, parents who badmouth the other parent often damage their own case.
Joint custody and equal time in Florida
Many parents ask whether Florida favors joint custody. Since 2023, Florida has a rebuttable presumption that equal time-sharing is in the child's best interests. Even so, every schedule must fit the child's age and needs.
Joint legal custody means both parents share major decisions. Joint physical custody means the child spends substantial time with each parent. Consequently, parents with joint custody need a clear system for communicating. Our parenting plan service drafts detailed schedules and decision-making rules.
Does the child get a say in Florida?
A mature child's wishes may be considered, but the judge decides how much weight they get. Younger children are rarely asked to choose.
Some courts interview children privately or appoint a guardian ad litem. Others rely on a custody evaluator. In any case, never pressure a child to pick a side. Judges usually recognize coaching, and it can backfire badly.
Emergency custody in Florida
Sometimes a child faces immediate danger. For example, a parent may be abusing drugs, threatening to flee or exposing the child to violence. In those situations, Florida courts can issue emergency or temporary orders quickly.
Emergency orders require strong, specific evidence. Therefore, gather texts, photos, police reports and witness names. Our emergency custody consultation helps you act fast. If violence is involved, a restraining order petition may also be needed. Read our guide to domestic violence protective orders for more.
Visitation and parenting time disputes in Florida
Disputes often arise after an order is in place. For instance, one parent may keep missing exchanges or refuse to return the child. Keep a written log of every missed or late exchange.
Courts can enforce orders through make-up time, contempt or modification. Our visitation dispute consultation explains your options. In addition, our motion preparation service drafts enforcement motions at a fixed price.
Moving with your child from Florida
Relocation is one of the hardest custody issues. Florida's relocation statute generally applies to moves of more than 50 miles for at least 60 consecutive days and requires agreement or a court order. Moving without permission can seriously damage your case.
Courts consider the reason for the move and its effect on the child's relationship with the other parent. Similarly, they look at schooling, family support and practical travel arrangements. A detailed long-distance parenting proposal improves your chances.
Changing a custody order in Florida
Custody orders can change as children grow. Generally, the parent asking for a change must show a significant change in circumstances. In addition, the change must serve the child's best interests.
Common reasons include a parent's relocation, a child's changing needs or safety concerns. Our custody modification consultation assesses whether you have grounds. For a full overview, read our guide to custody modification.
Custody when parents were never married in Florida
Unmarried parents have the same right to seek custody. However, a father may first need to establish legal paternity. A signed acknowledgment of paternity often does this.
After that, the same best-interests rules apply. Therefore, unmarried fathers should act early to secure their parenting time. Read our guide to fathers' rights and paternity for more.
How to prepare your Florida custody case
Preparation wins custody cases. First, keep a parenting journal with dates, events and exchanges. Next, gather school, medical and activity records that show your involvement.
In addition, propose a specific, realistic schedule. Judges prefer parents who arrive with solutions. Furthermore, keep all communication with the other parent polite and in writing. Many courts recommend co-parenting apps for this reason.
Finally, think about witnesses, such as teachers, coaches and family members. Their testimony about your parenting can carry real weight.
What custody help costs in Florida
Contested custody cases are often billed hourly, so costs depend on how far the dispute goes. Custody evaluations and trials add the most cost.
Fixed-fee services reduce that cost. For example, consultations, parenting plans and motions can be ordered at set prices. As a result, you know your costs up front. For a national overview, read our child custody lawyer guide.
How fixed-fee help works for Florida parents
You do not need to pay hourly for every task. Instead, you can order exactly what you need. For example, many parents start with a consultation to plan their strategy.
After that, you can order a parenting plan, an emergency consultation or a motion as the case develops. Each service has a set price. Furthermore, everything happens online, so you can work from anywhere in Florida. Browse our family law services to see what fits.
Our Child Custody services in Florida
Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Florida. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.
Child custody consultation in Florida
A confidential 45–60 minute phone or video consultation with a licensed US attorney about child custody and parenting time. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Child custody consultation — $299 See what's included →
Emergency custody consultation in Florida
A confidential 45–60 minute phone or video consultation with a licensed US attorney about an emergency custody order to protect your child. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Emergency custody consultation — $399 See what's included →
Parenting Plan / Custody Agreement in Florida
Custody schedule, holidays, decision-making and relocation terms.
Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Parenting Plan / Custody Agreement — from $99 See what's included →
Visitation dispute consultation in Florida
A confidential 45–60 minute phone or video consultation with a licensed US attorney about a visitation (parenting time) dispute. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Visitation dispute consultation — $299 See what's included →
Custody modification consultation in Florida
A confidential 45–60 minute phone or video consultation with a licensed US attorney about changing an existing custody order. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Custody modification consultation — $299 See what's included →
Motion / Response Preparation (Self-Represented) in Florida
Draft motions and oppositions for pro se litigants in state court.
Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Motion / Response Preparation (Self-Represented) — from $149 See what's included →
Restraining / Protective Order Petition in Florida
Petition and declaration for a civil harassment or domestic violence protective order.
Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Restraining / Protective Order Petition — from $79 See what's included →
Child Custody across Florida — cities we serve
We work with clients in every part of Florida, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Florida law and your county's local practice. Choose your city below to see local details and prices.
- Miami: Child custody consultation in Miami · Emergency custody consultation in Miami · Parenting Plan / Custody Agreement in Miami
- Jacksonville: Child custody consultation in Jacksonville · Emergency custody consultation in Jacksonville · Parenting Plan / Custody Agreement in Jacksonville
- Tampa: Child custody consultation in Tampa · Emergency custody consultation in Tampa · Parenting Plan / Custody Agreement in Tampa
- Orlando: Child custody consultation in Orlando · Emergency custody consultation in Orlando · Parenting Plan / Custody Agreement in Orlando
- St. Petersburg: Child custody consultation in St. Petersburg · Emergency custody consultation in St. Petersburg · Parenting Plan / Custody Agreement in St. Petersburg
- Hialeah: Child custody consultation in Hialeah · Emergency custody consultation in Hialeah · Parenting Plan / Custody Agreement in Hialeah
- Tallahassee: Child custody consultation in Tallahassee · Emergency custody consultation in Tallahassee · Parenting Plan / Custody Agreement in Tallahassee
- Fort Lauderdale: Child custody consultation in Fort Lauderdale · Emergency custody consultation in Fort Lauderdale · Parenting Plan / Custody Agreement in Fort Lauderdale
- Port St. Lucie: Child custody consultation in Port St. Lucie · Emergency custody consultation in Port St. Lucie · Parenting Plan / Custody Agreement in Port St. Lucie
- Cape Coral: Child custody consultation in Cape Coral · Emergency custody consultation in Cape Coral · Parenting Plan / Custody Agreement in Cape Coral
- Pembroke Pines: Child custody consultation in Pembroke Pines · Emergency custody consultation in Pembroke Pines · Parenting Plan / Custody Agreement in Pembroke Pines
- Hollywood: Child custody consultation in Hollywood · Emergency custody consultation in Hollywood · Parenting Plan / Custody Agreement in Hollywood
- Gainesville: Child custody consultation in Gainesville · Emergency custody consultation in Gainesville · Parenting Plan / Custody Agreement in Gainesville
- Coral Springs: Child custody consultation in Coral Springs · Emergency custody consultation in Coral Springs · Parenting Plan / Custody Agreement in Coral Springs
- Boca Raton: Child custody consultation in Boca Raton · Emergency custody consultation in Boca Raton · Parenting Plan / Custody Agreement in Boca Raton
- West Palm Beach: Child custody consultation in West Palm Beach · Emergency custody consultation in West Palm Beach · Parenting Plan / Custody Agreement in West Palm Beach
- Naples: Child custody consultation in Naples · Emergency custody consultation in Naples · Parenting Plan / Custody Agreement in Naples
- Sarasota: Child custody consultation in Sarasota · Emergency custody consultation in Sarasota · Parenting Plan / Custody Agreement in Sarasota
- Pensacola: Child custody consultation in Pensacola · Emergency custody consultation in Pensacola · Parenting Plan / Custody Agreement in Pensacola
More Florida services
Emergency custody consultation in Florida · Parenting Plan / Custody Agreement in Florida · Visitation dispute consultation in Florida · Custody modification consultation in Florida · Motion / Response Preparation (Self-Represented) in Florida · Restraining / Protective Order Petition in Florida. See all legal services in Florida.
Nearby states
Moving between states, or is the other party elsewhere? We also cover Child custody consultation in Georgia, Child custody consultation in Alabama. See every location we cover.
Frequently asked questions
How is custody decided in Florida?
Since 2023, Florida has a rebuttable presumption that equal time-sharing is in the child's best interests.
At what age can a child choose in Florida?
A mature child's wishes may be considered, but the judge decides how much weight they get.
Can I move out of Florida with my child?
Florida's relocation statute generally applies to moves of more than 50 miles for at least 60 consecutive days and requires agreement or a court order.
Can a custody order be changed in Florida?
Yes. Generally, the parent seeking a change must show a significant change in circumstances and that the change serves the child's best interests.
Do you help with custody cases in Florida?
Yes. We provide custody consultations, emergency consultations, parenting plans and motions throughout Florida.
Contact American Counsel
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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.