How does child custody work in Florida divorces?

Vanessa Tuttle

Florida managing attorney at Marble Law

Published September 7, 2024 · 4 min read

Key Takeaways

Florida has a 50/50 presumptive time-sharing law for child custody.
The standard is that both parents will have equal time with the children, unless there are certain factors at play.
These factors include: financial resources, standard of living, and the child’s educational needs and physical health.

Grounds for divorce according to the TX family court system

Florida has a 50/50 presumptive timesharing law between both parents. This means that the standard is that both parents will have equal time with the child(ren) minus certain factors. These other factors are based on the Florida Child Support Guidelines and can include:

Each parent’s income and financial resources: A parent with a significantly higher income may have a greater ability to provide for the child's needs during their parenting time. This can influence the timesharing schedule to ensure the child's well-being is prioritized.
The standard of living the child would have enjoyed if the marriage or household hadn't been dissolved: The court considers what lifestyle the child would have been accustomed to in an intact household. This can impact factors like housing arrangements during timesharing and extracurricular activities.
The child’s financial and educational needs: The timesharing schedule should allow both parents to be involved in the child's education and extracurricular activities. Additionally, the financial burden of these needs may be shared based on the income of each parent as determined by the child support guidelines.
The time-sharing schedule and time-sharing expenses: The court considers the logistics and costs associated with shuttling the child between households. For example, if one parent lives a significant distance away, the timesharing schedule may need to be adjusted to reflect the travel time and related expenses.

After determining the basic child support obligation, the court considers any additional expenses such as child care, health insurance, and extracurricular activities. Here's a breakdown of these additional costs:

Childcare: This can include the cost of a nanny, daycare, or preschool. The court will consider which parent requires childcare to maintain employment and how these costs can be fairly divided based on the timesharing schedule and income of each parent.
Health insurance: Both parents may be required to contribute to the child's health insurance premium, depending on their employer-provided coverage and any out-of-pocket expenses.
Extracurricular activities: This can include sports teams, music lessons, or other classes that parents have enrolled their child in. The location of those classes, the child's interest in continuing them, and the overall financial situation of both parents are all factors considered by the court when determining if child support obligations should cover these costs.

Get the right lawyer for your divorce

Schedule a free 15-min call with our team today

The court has discretion to deviate from the guidelines if there are extraordinary circumstances. These circumstances can include:

The basic needs of the child escalating to extraordinary expenses: For instance, if a child requires specialized medical care or educational services that significantly increase the financial burden, the court may order a higher child support amount outside the standard guidelines.

Other exceptional situations: Domestic violence, substance abuse, or a parent's incarceration can also be considered as extraordinary circumstances that may warrant a deviation from the child support guidelines.

It's important to note that child support can also be modified if the circumstances change. For example, if the income of either parent significantly increases or decreases, the court can re-evaluate the child support obligation to ensure it reflects the current financial situation and continues to meet the child's needs.