For parents involved in a divorce with children, the most important and emotional issue is the mutual right to raise their children and spend time with them. In determining types of custody in Florida, such as sole legal and physical custody, and visitation rights, the Florida courts focus on one primary concern: prioritizing what truly supports a child’s safety, stability, and emotional growth. In uncontested and collaborative law divorces, the courts will usually respect the parents’ decisions regarding custody and visitation. However, the courts do have the authority to question an agreed-upon arrangement if it does not appear to serve the best interests of the couple’s children.
If you are preparing to go through a divorce with children in Florida, it is important to understand the types of custody and visitation available. Knowing your options will allow you to prepare in advance to obtain the rights you desire.
At Beller Law, PL, attorney Rebeccah Beller helps parents confidently face these decisions. With over 25 years of trial experience, she educates clients about Florida’s custody laws, prepares them for hearings, and advocates for parenting plans that genuinely reflect the best interests of their children. Families in Jacksonville work directly with her, not through layers of staff, ensuring personal attention and timely results from start to finish.
Parental Responsibility and Time-Sharing—Custody and Visitation in Florida
Before we get started, it is important to note that Florida’s law governing child custody and visitation rights in connection with a divorce actually uses the terms “time-sharing” and “parental responsibility” rather than the traditional terms of custody and visitation. Since most people still think in terms of custody and visitation, we refer to these terms in this article as well.
What Are the Types of Custody in Florida?
When people ask about the different types of custody in Florida, they are usually trying to understand how the law translates everyday concerns into legal categories. The two central categories are parental responsibility (decision-making authority) and time-sharing (the parenting schedule). Within these, courts may order:
- Shared parental responsibility with flexible or equal time-sharing;
- Shared responsibility with one parent designated to break ties on certain decisions;
- Structured schedules designed to reduce conflict; or
- Sole parental responsibility when safety demands it.
Every parenting plan is unique. A toddler’s schedule may focus on frequent short visits, while a teenager’s plan may account for school, extracurriculars, and friendships. In some circumstances, judges try to shape these arrangements around what will provide stability and support at that specific stage of life.
Shared Parental Responsibility and Sole Parental Responsibility
In Florida, the concept of “parental responsibility” refers to the parents’ rights for both parents to make decisions for the health, education, and well being of their children. While shared parental responsibility is preferred, sole legal and physical custody may be awarded when the other parent cannot safely participate in the child’s upbringing.
Attorney Rebeccah Beller explains, “Parents often assume ‘sole custody’ means total control, but Florida law focuses on what’s safest and most stable for the child, not punishing one parent.”
Shared Parental Responsibility
With shared parental responsibility, the parents each have rights with respect to making important life decisions for their children. They will also split time with their children. For example, one parent might handle weekday routines while the other manages weekends, ensuring the child keeps strong relationships with both sides of the family. This is the time-sharing concept. The time-sharing schedule will – like all child-related matters – need to take into consideration the best interests of the children, and may depend on factors such as:
- The anticipated division of parental responsibilities after the divorce;
- The children’s need for stability;
- The parents’ respective abilities to provide a safe, nurturing environment;
- Any history of domestic violence, assault, or drug abuse.
If the children are old enough and the court deems them of “sufficient intelligence,” their preference can factor into the parents’ time-sharing arrangement as well. But in most cases, the children do not testify.
Sole Legal and Physical Custody in Florida (Sole Parental Responsibility)
In strictly limited circumstances, the Florida courts will award sole parental responsibility. This arrangement is also called sole legal and physical, or sole physical and legal custody. Judges may give one parent exclusive authority over decisions when the other parent has demonstrated serious issues such as violence, neglect, or addiction. Even then, Florida law tries to preserve some form of time-sharing unless it places the child in danger. Courts emphasize that custody decisions are not about punishing one parent but about safeguarding the child’s well-being.
Relocation and Custody in Florida
Relocation is one of the most difficult custody-related issues. Under Florida law, a parent who wants to move a child more than 50 miles for more than 60 days must obtain either the other parent’s consent or court approval. Courts examine whether the move improves the child’s quality of life, the disruption to school and community ties, and how it affects the child’s relationship with the non-moving parent. Even well-intentioned relocations, such as taking a new job, can be denied if they significantly undermine the child’s stability. Parents considering relocation should seek legal advice early, as these cases often require detailed evidence and careful planning.
Modifying a Parenting Plan
Custody and time-sharing arrangements are not fixed forever. Florida courts allow modification when there has been a substantial, material, and unanticipated change in circumstances. This could include a parent’s relocation, evidence of unsafe living conditions, or the child’s new medical and educational needs. However, the threshold is high—courts do not alter parenting plans lightly.
Parents must show not only that circumstances have changed but also that the modification serves the child’s best interests. For instance, a parent in Jacksonville offered a job in Orlando may need to show the court how the move improves income and living stability while maintaining the child’s school routine. This standard ensures stability for children but allows flexibility when life shifts in meaningful ways.
Enforcing Time-Sharing Agreements
When one parent fails to comply with a parenting plan, Florida courts have enforcement tools. Judges may order make-up time, require counseling, shift attorney’s fees, or impose sanctions. Repeated or serious violations can even justify changing custody arrangements. The courts recognize that reliability and consistency are critical for children. Parents who carefully document violations such as missed visits, canceled exchanges, or blocked communication will have stronger enforcement cases. Consistency is not only a legal requirement but also an emotional necessity for children.
Mediation and Custody Disputes
Florida strongly encourages parents to resolve custody disputes through mediation before turning to trial. Mediation allows parents to negotiate time-sharing schedules and parental responsibilities in a collaborative setting. It often produces creative solutions that courts cannot impose, such as flexible holiday arrangements or customized transportation agreements. Parents who resolve disputes through mediation often experience less conflict afterward, since they helped design the plan themselves. By mediating early, parents often avoid prolonged stress, legal costs, and the uncertainty of trial while still protecting the child’s interests.
Frequently Asked Questions About Custody in Florida
What are the advantages of sole physical custody?
Sole physical custody gives one parent primary responsibility for the child’s day-to-day care and living arrangements. It can provide greater stability, consistency, and emotional security—especially when the other parent struggles with issues like substance abuse, neglect, or unsafe living conditions. In Florida, even with sole physical custody, the court may still grant limited visitation to the other parent if it benefits the child. Also, judges will not easily award sole custody.
What are the disadvantages of sole legal custody?
Sole legal custody allows one parent to make all major decisions about the child’s education, healthcare, and welfare. While it simplifies decision-making, it can also limit the other parent’s involvement and lead to conflict or resentment. Courts in Florida prefer shared parental responsibility whenever possible, reserving sole legal custody for cases where cooperation is unsafe or impractical.
Can you have joint physical custody and sole legal custody?
In rare cases, a Florida court may approve a plan with joint physical custody but sole legal custody for one parent. This means the child spends time with both parents, but only one makes final decisions about education, healthcare, or religion. However, Florida courts generally prefer shared parental responsibility—both legal and physical—unless one parent’s behavior puts the child’s well-being at risk.
What is the most common custody arrangement in Florida?
The most common custody arrangement in Florida is shared parental responsibility with a time-sharing schedule. This approach allows both parents to participate in major decisions and maintain regular contact with their child. The specific schedule may vary based on work, school, and distance, but courts generally favor balanced involvement from both parents when it serves the child’s best interests.
What type of custody is best for a child?
The best custody arrangement depends on the child’s age, needs, and relationship with each parent. In Florida, judges prioritize stability, safety, and emotional well-being over equal time. For most families, shared parental responsibility works best because it allows both parents to stay actively involved—unless circumstances make sole legal and physical custody necessary for the child’s protection.
Speak with a Florida Divorce Lawyer About Custody
No two Florida custody cases look the same. Each family’s dynamics, history, and priorities shape what’s truly best for the child. The right outcome depends on your family’s specific circumstances, the evidence you provide, and how effectively your case is presented. Because of this, parents should never assume one family’s result will match another’s. The smartest step is to seek legal guidance early.
At Beller Law, PL, we help parents understand the different types of custody in Florida and how they affect their parental rights. Attorney Rebeccah Beller will take the time to explain how Florida custody law applies to your life, help you anticipate challenges, and build a strategy focused on your child’s best interests. We are deeply experienced in helping parents fight for and obtain the custody and visitation rights they desire. To discuss your situation with one of our divorce attorneys, call (904) 288-4414 or schedule a consultation online today.