Miami Child Custody and Time-Sharing Lawyer

In Florida, what most people call custody is decided as parental responsibility (who makes major decisions) and a time-sharing schedule in a parenting plan. Under Section 61.13, Florida Statutes, unless the parents agree otherwise, courts start from a rebuttable presumption that equal time-sharing is in the child’s best interests. Arturo R. Alfonso, P.A. represents Miami-Dade parents in these cases.

How Florida Law Handles Custody

Florida law splits what most parents call custody into two questions. Parental responsibility covers who makes major decisions for the child. Time-sharing covers where the child spends days, overnights, and holidays. Both go into a parenting plan under Section 61.13, Florida Statutes.

• Shared parental responsibility: both parents keep full parental rights and confer so major issues are decided jointly (Section 61.046). Under Section 61.13, the court orders it unless sharing would be detrimental to the child, and may give one parent the final say on areas such as education or health care.
• Sole parental responsibility: one parent makes the decisions.
• Time-sharing schedule: the timetable, including overnights and holidays, that every parenting plan must contain. Without agreement, the judge sets the plan. See What Is a Parenting Plan and Do I Need One?

The Equal Time-Sharing Presumption Since July 1, 2023

House Bill 1301 (chapter 2023-301), effective July 1, 2023, changed the starting point. Section 61.13(2)(c) now says: “Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.”

That is a starting point, not a promised result. A parent seeking a different schedule must prove by a preponderance of the evidence that equal time-sharing is not in the child’s best interests. Unless the parents agree on a schedule the court approves, the judge must evaluate every Section 61.13(3) factor and make specific written findings. See Is Florida a 50/50 Custody State?

The Best-Interest Factors a Judge Must Weigh

Section 61.13(3) makes the child’s best interests the primary consideration and lists 20 factors, (a) through (t). They cover:

• Each parent’s willingness to support the child’s bond with the other parent, honor the schedule, and be reasonable about changes.
• Each parent’s focus on the child’s needs, knowledge of the child’s life, involvement in school and routines, and share of parenting before, during, and after the case.
• Moral fitness, mental and physical health, and a home free from substance abuse.
• Communication between the parents, and keeping the child out of the litigation.
• The child’s stability, developmental needs, school and community record, and reasonable preference.
• Whether the plan works geographically; evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect; knowingly false reports to the court about those issues; and any other relevant factor.

What a Florida Parenting Plan Must Include

Under Section 61.13(2)(b), a court-approved parenting plan must, at a minimum:

1. Describe how the parents will share the daily tasks of raising the child.
2. Include the time-sharing schedule.
3. Designate who handles health care, school-related matters (including the address used for school-boundary determination and registration), and other activities.
4. Describe the methods and technologies the parents will use to communicate with the child.
5. Designate authorized locations for exchanging the child, unless both parents agree otherwise in writing.

The plan must also address jurisdictional issues, including the Hague Convention on international child abduction (Section 61.046).

Domestic Violence and Child Safety

In deciding whether shared parental responsibility would be detrimental, the court must consider evidence of domestic violence and whether a parent has had reasonable cause to believe the other parent posed an imminent danger of domestic or sexual violence to the parent or child, or of abuse, abandonment, or neglect to the child. Also under Section 61.13:

• A conviction of a first-degree misdemeanor or higher involving domestic violence creates a rebuttable presumption that shared parental responsibility is detrimental. If unrebutted, that parent may not be granted shared parental responsibility, including time-sharing.
• Even without a conviction or injunction, the court must consider evidence of domestic violence or child abuse as evidence of detriment.
• If the court finds a risk of harm during exchanges, among other findings, it may order them at a neutral safe exchange location or a supervised visitation program location.

Modifying an Existing Plan After the 2023 Change

Under Section 61.13(3), a parental responsibility determination, parenting plan, or time-sharing schedule “may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.”

Before July 1, 2023, the change also had to be unanticipated; chapter 2023-301 removed that requirement. The statute now adds that if the parents lived more than 50 miles apart at the last time-sharing order and one moves within 50 miles of the other, the move may count as a substantial and material change if the modification is in the child’s best interests. See Can Child Custody Be Modified After Divorce in Florida?

Relocation and the 50-Mile Rule

Under Section 61.13001, relocation means moving a parent’s principal residence at least 50 miles from where it was at the last order establishing or modifying time-sharing (or when a pending time-sharing case was filed), for at least 60 consecutive days, not counting temporary absences for vacation, education, or the child’s health care. The two routes are:

• A written agreement with the other parent and anyone else entitled to time-sharing that consents to the move and sets a new schedule and any transportation, submitted for court ratification if a case or judgment exists.
• A sworn petition to relocate served on the other parent, with the new address if known, the move date, the reasons, and a proposed schedule and transportation plan. A written, verified objection is due within 20 days after service.

Without a timely objection, the move is presumed to be in the child’s best interest, and the court shall, absent good cause, allow it. With one, the parent may not move without court permission and must prove by a preponderance of the evidence that the move is in the child’s best interest. Moving without complying risks contempt, an order returning the child, and attorney’s fees.

Unmarried Parents and Paternity

Under Section 744.301, an unmarried mother and a father who has established paternity are both natural guardians. Until paternity is established, the mother is the natural guardian and is entitled to primary residential care and custody unless a court orders otherwise.

Under Section 742.011, the mother, a man who has reason to believe he is the father, or the child may file a paternity case; after the birth, a parent can request a parenting plan, time-sharing, parental responsibility, and child support under Chapter 61. Request more than support: under Section 742.031, a support-only judgment gives the parent receiving support all time-sharing and sole parental responsibility, without prejudice to the other parent. See How Do I Establish Paternity in Florida?

Child Support Is a Separate Question

Child support follows the Section 61.30 guidelines, but time-sharing affects it. When each parent has at least 20 percent of the overnights, the guidelines apply a substantial time-sharing adjustment, and Section 61.13(5) says an order for equal time-sharing does not preclude child support. The obligations stand apart: unpaid support is no reason to deny time-sharing, and denied time-sharing is no reason to stop paying ordered support. See How Is Child Support Calculated in Florida?

Time-Sharing Cases in Miami-Dade County

Miami-Dade cases are filed with the Clerk of the Court and Comptroller and heard in the Family Division of the Eleventh Judicial Circuit.

• Parenting course. Section 61.21 requires each party to a divorce with minor children, or to a paternity case involving parental responsibility, to complete the Parent Education and Family Stabilization Course (at least 4 hours, approved by the Department of Children and Families) before the final judgment, unless excused for good cause. In a modification, the court may require a parenting course.
• Mediation. The Eleventh Circuit provides in-house family mediation. Section 44.102 directs courts in circuits with a family mediation program to refer disputed parental responsibility issues to mediation, but not, on a party’s request, when a history of domestic violence would compromise it.

How Attorney Alfonso Can Help

Arturo R. Alfonso has 30 years of experience and represents Miami-Dade parents in English and Spanish. As part of the firm’s family law services, his practice includes negotiating and drafting parenting plans, contested time-sharing hearings, modifications, relocation petitions and objections, and enforcing time-sharing schedules. If you searched “child custody lawyer near me,” the office is at 7821 Coral Way, Suite 125, Miami.

To talk through your situation, contact the firm or call (305) 266-9584 for a free consultation. Se habla español.