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Child Custody & Time-Sharing in Florida:

What You Should Know?

Kids Come First

If you have children during your marriage, the court will make sure they’re taken care of during the divorce. Even if the husband isn’t the biological father, the law still considers the child part of the marriage.

Florida courts always focus on what’s in the best interests of the child. If you’re unsure what to do, ask yourself: “Is this best for my child?” If not, rethink your plan.

Parental Responsibility & Time-Sharing

Both parents are expected to share parenting responsibilities. Florida law supports both parents staying involved in their child’s life—no matter who the child lives with.

Old terms like “custody” and “visitation” are outdated. Today, it’s called time-sharing, and there’s no automatic preference for moms or dads. The goal is to create a parenting plan that works for everyone—especially the child.

Can You Agree? Great. If Not, the Judge Decides.

It’s best when parents work out a parenting plan together. If you can’t agree, the judge will decide for you—and you’ll have to live with that decision. So it’s smart to work it out yourselves if possible.

Money & Time-Sharing

Child support depends partly on how much time each parent spends with the child. More overnights with the child can reduce how much support a parent pays. That’s why some parents may try to adjust time-sharing for financial reasons. But the court will look closely at what’s truly best for the child—not just the money.

What Does the Judge Consider?

If there’s a dispute, the judge looks at many factors, including:

  • How well each parent encourages a good relationship with the other.
  • Who’s been caring for the child day-to-day.
  • Each parent’s ability to put the child’s needs first.
  • Stability at home, school, and in the community.
  • The parents’ health, moral character, and behavior.
  • Whether either parent has a history of abuse or violence.
  • How involved each parent is in school and activities.
  • The child’s preference (if mature enough to express one).
  • Whether each parent can support the child emotionally, physically, and financially.v

Basically, the court wants to know: Who’s putting the child first?

Going to Trial? Be Prepared.

If your case ends up in court, you’ll need a lawyer who truly understands trial law—not just family law in general. Many family lawyers don’t have real courtroom experience. At Miller Law Associates, we know the rules, how to present evidence, and how to fight for the best outcome.

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Frequently Asked Questions

Confused about divorce? We have the answers you need.

Can You Get Divorced In Florida?

Every now and then we’ll have someone call us asking about handling their Florida divorce.  When we ask where they live, they’ll tell us Georgia or someplace other than Florida.  Okay, we think, what about the spouse?  Is she currently living in Florida?  Negative.  She’s in Ohio. 

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What happens if someone disobeys a court order or judgment?

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