Parental Responsibility & Timesharing Attorneys in Broward County
Florida law requires every case involving minor children to include a written parenting plan addressing parental responsibility, timesharing, and decision-making. Our attorneys build parenting plans that protect the child and reflect the family's actual routine.
Quick answer
Florida does not use the words custody or visitation. Every case involving a minor child is decided under the best-interests standard in Fla. Stat. § 61.13 and results in a written parenting plan setting out parental responsibility, a timesharing schedule, and decision-making authority. Since July 2023, Florida applies a rebuttable presumption that equal timesharing is in the child's best interest.
Parental Responsibility & Timesharing in Florida: key facts
- Governing statute
- Fla. Stat. § 61.13
- Standard
- Best interests of the child, weighed across 20 statutory factors
- 2023 change
- Rebuttable presumption of equal (50/50) timesharing
- Required document
- Court-approved written parenting plan in every case with minor children
- Relocation
- Moves over 50 miles for 60+ days require agreement or court approval (§ 61.13001)
- Modification standard
- Substantial, material, and unanticipated change in circumstances
Overview
Florida no longer uses the terms 'custody' or 'visitation.' Cases are decided under a best-interests standard using the statutory factors in Fla. Stat. § 61.13, and every judgment includes a detailed parenting plan and timesharing schedule.
The court presumes that shared parental responsibility is in the child's best interest unless shared responsibility would be detrimental. Timesharing — how the child's time is actually allocated — is determined separately based on the statutory factors.
How the firm approaches parental responsibility & timesharing
We prepare parenting plans that anticipate the transitions ahead — school changes, relocations, holidays, extracurriculars — rather than leaving ambiguity that produces later litigation. When the case cannot be resolved by agreement, we prepare the evidentiary record needed for a contested timesharing trial.
Our partners are experienced with parenting coordination, guardian ad litem appointments, and social investigations when the case requires them.
Frequently Asked Questions
Does Florida presume 50/50 timesharing?
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As of the 2023 amendment to § 61.13, there is a rebuttable presumption that equal timesharing is in the best interest of the minor child. That presumption can be overcome by a preponderance of the evidence based on the statutory factors.
What is a parenting plan?
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A parenting plan is a court-approved written document that governs how parents share responsibility for a minor child. It addresses decision-making, timesharing, communication, transportation, and dispute resolution.
Can a parenting plan be modified?
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Yes, on a showing of a substantial, material, and unanticipated change in circumstances and a demonstration that modification is in the child's best interest.
What is a parenting coordinator?
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A neutral third party appointed by the court to help parents implement their plan and resolve day-to-day disputes without repeated court intervention.
How is relocation handled?
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Any move of more than 50 miles for 60 consecutive days or more is governed by Fla. Stat. § 61.13001 and requires either the other parent's written consent or court approval.
At what age can a child choose which parent to live with in Florida?
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There is no age at which a Florida child can decide where to live. A child's reasonable preference is one of the statutory best-interest factors under Fla. Stat. § 61.13, and the court may consider it if it finds the child has sufficient intelligence, understanding, and experience to express a preference. The judge, not the child, decides the timesharing schedule.
How is a parenting plan enforced in Broward County?
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A parenting plan is a court order. When a parent withholds timesharing, the other parent may file a motion for contempt and enforcement, and the court can award make-up timesharing, attorney's fees, court costs, and in repeated cases modify the schedule. Documenting each missed exchange in writing strengthens an enforcement action.
What is a parenting coordinator?
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A parenting coordinator is a court-appointed neutral who helps high-conflict parents implement their parenting plan — resolving day-to-day scheduling and communication disputes without returning to court. Florida authorizes the appointment under Fla. Stat. § 61.125, and firm attorneys work with registered parenting coordinators in Broward County.
Discuss your matter, in confidence.
Monday – Friday, 8:30 a.m. – 5:00 p.m. (closed 12:00 – 1:00 p.m.)