More time with your kids starts with a plan the judge can approve.
Florida no longer starts from the idea that one parent is the visitor. Since 2023 the law presumes equal time-sharing is in the child's best interests. The father who shows up with a workable plan is the one who gets it.
Florida courts decide time-sharing (the state's term for custody and visitation) based on the child's best interests under Fla. Stat. 61.13. Since 2023, there is a presumption that equal time-sharing is in the child's best interests, which can be rebutted by a preponderance of the evidence (Fla. Stat. 61.13(2)(c)1.). To change an existing parenting plan, a parent must show a substantial and material change in circumstances and that the change is in the child's best interests (Fla. Stat. 61.13(2)(c)).
What judges actually weigh
- Which parent will honor the schedule and support the child's relationship with the other parent
- Who has handled school, doctors, and activities, and who can going forward
- Work schedules, distance between homes, and the commute to school
- Stability, and each home's routine
- Any evidence of domestic violence, substance abuse, or neglect
Building a winning parenting plan
Bring the court a schedule that works on a calendar, not just a demand for 50/50. Show the school route, your work hours, and who covers pickups. Fathers who come with specifics look like the stable parent, because they are.
Modifying an existing plan
Common reasons: relocation by the other parent, a change in your work schedule that now allows more time, a child's changing needs, or a pattern of the other parent interfering with your time. Document everything in writing.
Questions fathers ask
Is 50/50 automatic in Florida?
No. Equal time-sharing is presumed to be in the child's best interests, but the presumption can be rebutted by a preponderance of the evidence, and the court still evaluates every best-interest factor in Fla. Stat. 61.13(3) and makes written findings.
Can I change my parenting plan if things have changed?
Yes, if there has been a substantial and material change in circumstances and the change is in the child's best interests.
Does the court favor mothers?
The law does not start from a preference for the mother. It presumes equal time-sharing, and the court decides on the child's best interests under the factors in Fla. Stat. 61.13(3).
What should I document?
Your actual overnights, missed or denied exchanges, school and medical involvement, and all messages with the other parent.
Get a plan before your next court date.
Start with a one-on-one strategy session with Attorney Fraser. You leave with a written plan: what the court is likely to look at, what to file, what it costs, and the timeline. No surprise bills.
Prefer email? mail@fraserlawfl.com. Divorce or alimony? See our full family practice at FirstCoastFamilyLawyers.com.