Child Custody

Florida courts focus on the best interests of the child and consider many factors such as: each parent’s mental & physical health, the child’s home/stability, each parent’s ability to provide for the child’s needs, continuity of the child’s environment, how long the child has lived in a stable setting, any history of abuse or neglect, and the child’s preferences (if mature enough) among others.

There is no fixed age at which a child can choose where to live. If the child is mature enough and it’s appropriate, the court may consider the child’s preference, but it is only one of many factors in the best-interest analysis—not determinative on its own.

Yes. A modification is possible if there has been a substantial change in circumstances and the modification is in the child’s best interests. If either your situation or the child’s situation has changed significantly (job change, relocation, health issue, etc.), you may ask the court for a modification.

Florida is subject to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). If the child has lived in Florida for 6 months (or since birth if younger) and the case meets Florida’s jurisdictional standards, a Florida court can claim jurisdiction. Once a Florida court has entered an order, it often retains exclusive continuing jurisdiction so long as Florida remains the child’s “home state.”

If a parent has a history of domestic violence, child abuse, neglect, substance abuse, or other issues that affect the child’s welfare, the court may decide that shared parental responsibility or equal time-sharing is not appropriate. The court may order supervised visitation, limit decision-making authority, or award one parent sole parental responsibility in major decisions.

Under certain limited circumstances, yes—especially if a parent is unavailable (such as military deployment) or unable to care for the child. However, grandparents do not have an automatic right to take over the other parent’s role. Legal advice is important in these situations.

Even when both parents agree on a parenting plan, the agreement must be reviewed by the court and incorporated into a court order to make it enforceable. Courts will check to ensure the plan is in the child’s best interests. Having a lawyer review the plan helps ensure it meets Florida’s legal standards.

Communication is vital. Courts look for parents who can cooperate and keep the focus on the child. A parent’s willingness to encourage the child’s relationship with the other parent and to communicate about the child’s activities and needs can carry weight in the court’s evaluation.

Relocation is a complex issue. If you plan to move and it affects the child’s time-sharing or the other parent’s ability to maintain a relationship, you may need court approval or the other parent’s consent. Relocation without addressing the court order or the other parent’s rights can lead to enforcement or modification proceedings.