Florida Family Court:
What You Need to Know
Last reviewed: 2026-02
Just got served? Here's your priority list.
- 1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
- 2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
- 3. Read the best interest factors below to understand what your judge will evaluate.
This information is for educational purposes only and does not constitute legal advice. Florida family law is subject to change. Always verify current statutes and consult a licensed Florida attorney for your specific situation.
Court System Overview
Circuit Court, Family Division
Florida handles custody matters through the Family Division of the Circuit Court in each judicial circuit. Florida does not use the term "custody." Instead, it uses "parental responsibility" and "time-sharing." Cases are governed by Chapter 61 of the Florida Statutes.
Legal Custody
Florida uses "parental responsibility" instead of legal custody. Shared Parental Responsibility means both parents retain full decision-making authority and must confer on major decisions. Sole Parental Responsibility means one parent has exclusive authority. Courts presume shared parental responsibility is in the child's best interest (F.S. 61.13(2)(c)(2)).
Physical Custody
Florida uses "time-sharing" instead of physical custody. A parenting plan must include a time-sharing schedule specifying when the child will be with each parent. There is no presumption for or against any specific time-sharing arrangement, including 50/50 (F.S. 61.13(2)(c)(1)).
Presumption
Florida law creates a presumption in favor of shared parental responsibility (F.S. 61.13(2)(c)(2)). There is no presumption favoring either the mother or the father. The court must order shared parental responsibility unless it would be detrimental to the child.
Best Interest Factors
F.S. 61.13(3)
The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.
- 1 The demonstrated capacity and disposition of each parent to facilitate a close and continuing parent-child relationship
- 2 The anticipated division of parental responsibilities after the litigation
- 3 The demonstrated capacity of each parent to determine, consider, and act upon the needs of the child
- 4 The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
- 5 The geographic viability of the parenting plan, with special attention to the needs of school-age children
- 6 The moral fitness of the parents
- 7 The mental and physical health of the parents
- 8 The home, school, and community record of the child
- 9 The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience
- 10 The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child
- 11 The demonstrated capacity of each parent to provide a consistent routine for the child
- 12 Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
- 13 Any other factor that is relevant to the determination of a specific parenting plan
Note: Florida amended its best interest factors significantly. The court considers all factors with no single factor being presumptively more important. Evidence of domestic violence creates a rebuttable presumption against shared parental responsibility. Both parents must complete a parenting course (F.S. 61.21) before the court will enter a final judgment.
Every factor above is something you can document.
Evidexi helps you track evidence for each factor your court considers.
Documentation the Court Expects
Florida courts require a mandatory Financial Affidavit (Form 12.902(b) or (c)) and a Parenting Plan (Form 12.995(a)). Both parties must complete an approved parenting course. Courts value organized, factual evidence focused on the child's best interest.
Start documenting with timestamps today.
Evidexi automatically organizes and timestamps everything for court.
Filing Process
Step by Step
- 1 Determine jurisdiction (the county where the child has lived for the past 6 months under the UCCJEA)
- 2 Complete and file the Petition for Dissolution of Marriage (Form 12.901) or Petition for Paternity (Form 12.983(a))
- 3 File the Summons and pay the filing fee (fee waivers available via Application for Determination of Civil Indigent Status)
- 4 Serve the other parent (personal service required for initial filing, via sheriff or process server)
- 5 The respondent has 20 days to file an Answer
- 6 Both parties must complete a mandatory parenting course (F.S. 61.21)
- 7 File the mandatory Financial Affidavit (Form 12.902(b) or (c)) and Mandatory Disclosure
- 8 File a Parenting Plan (Form 12.995(a)) or have the court establish one
- 9 Attend mediation if ordered by the court (most circuits require it)
- 10 Attend any required hearings or trial
Required Forms
- Petition for Dissolution of Marriage with Children (Form 12.901(b)(1)) →
- Financial Affidavit (Short Form 12.902(b) or Long Form 12.902(c)) →
- Parenting Plan (Form 12.995(a)) →
- Uniform Child Custody Jurisdiction Affidavit (Form 12.902(d))
Typical Timeline
Uncontested cases can be finalized in as little as 30 days if all paperwork is in order. Contested cases typically take 6-18 months. Complex cases with custody evaluations or guardian ad litem involvement may take longer.
Self-Represented (Pro Se) Notes
Florida provides extensive self-help resources through the Florida Courts website and local Self-Help Centers at most courthouses. The Florida Supreme Court has approved standardized family law forms that pro se litigants can use. Pro se parties must follow the same rules and deadlines as attorneys.
Read the full Pro Se GuideFiling for custody? Get the step-by-step playbook.
Our Court Prep Playbook walks you through everything from filing to trial.
Modifying a Custody Order
What Counts as a Material Change
To modify a parenting plan or time-sharing arrangement, you must show a substantial, material, and unanticipated change in circumstances since the last order, and that the modification is in the child's best interest (F.S. 61.13(3)). The burden of proof is on the party seeking modification.
How to File for Modification
File a Supplemental Petition for Modification of Parenting Plan/Time-Sharing (Form 12.905(a)) in the court that issued the original order. Serve the other parent. Mediation is typically required before a hearing.
Building Your Case Over Time
Document the specific changes in circumstances since the last order. Evidence should show both that a substantial change occurred and that modification serves the child's best interest. Common grounds include relocation, changes in the child's needs, safety concerns, or significant changes in a parent's circumstances.
Modifications require a documented trail of change.
Use Evidexi to build your evidence binder over time, so it is ready when you need it.
Key Deadlines & Tips
Deadlines to Know
- 20 days for the respondent to file an Answer after service
- Mandatory Financial Affidavit must be filed within 45 days of service of the initial petition
- Mandatory Disclosure documents due within 45 days of service
- Both parents must complete a parenting course before final judgment (F.S. 61.21)
- Relocation notice: 60 days written notice required before relocating more than 50 miles (F.S. 61.13001)
- Appeals must be filed within 30 days of the final judgment
Practice Tips for Florida
Florida does not use the word "custody." Use "parental responsibility" and "time-sharing" in all filings and court communications.
Both parents must complete an approved parenting course before the court will finalize any case involving children. Do this early.
The Financial Affidavit is mandatory and must be thorough. Use the Short Form (12.902(b)) if your gross annual income is under $50,000; otherwise use the Long Form (12.902(c)).
Florida has strict relocation rules. Moving more than 50 miles requires 60 days written notice and potentially court approval (F.S. 61.13001).
Keep a detailed calendar of your actual time-sharing. Discrepancies between the plan and reality matter in modification proceedings.
Florida courts value the parent who is more likely to encourage a close relationship between the child and the other parent.
Official Resources
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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.