Jacksonville Child Custody Lawyer

Ready to protect your parenting rights? Call (904) 396-5557 for a free custody consultation with Adam Sacks.

How Child Custody Works in Florida

Florida no longer uses the term “custody.” Since 2008, the state replaced custody language with parental responsibility and time-sharing under F.S. § 61.13. [2] These terms more accurately reflect how Florida courts approach parenting after divorce or separation.

Parental responsibility determines which parent makes major decisions about the child’s education, healthcare, religion, and welfare. Time-sharing describes the schedule specifying how many overnights and holidays the child spends with each parent.

Every custody arrangement in Florida must be documented in a court-approved parenting plan. This plan is required in all cases involving minor children — including divorce, paternity actions, and custody modifications. A parenting plan must include:

• How parents share daily tasks associated with raising the child
• A time-sharing schedule specifying overnights and holidays with each parent
• Which parent is responsible for healthcare, school decisions, and activities
• Methods and technologies for parent-child communication
• Authorized locations for child exchanges

The guiding principle behind every parenting plan is the best interests of the child. Florida law states that each child has the right to frequent and continuing contact with both parents after separation or divorce. [2]

Florida’s 50/50 Time-Sharing Presumption

Effective July 1, 2023, Florida law now includes a rebuttable presumption that equal time-sharing is in the best interests of the child. [3] This was one of the most significant changes to Florida custody law in decades, enacted through Ch. 2023-301 (SB 1416).

Under the new law, courts must start from the position that a 50/50 split of overnights between parents is what serves the child best. To overcome this presumption, a parent must prove by a preponderance of the evidence — meaning “more likely than not” — that equal time-sharing is not in the child’s best interests. [2]

What Changed in 2023

Before July 1, 2023, Florida law stated there was no presumption for or against any specific time-sharing schedule. Judges had broad discretion to award whatever split they believed served the child. The 2023 amendment fundamentally shifted this approach:

1. Before 2023: No presumption — the judge could order any time-sharing split based on the best interest factors
2. After July 1, 2023: The court must presume 50/50 is in the child’s best interests unless a party proves otherwise
3. Burden of proof: The parent seeking unequal time-sharing must prove by a preponderance of evidence that 50/50 is not in the child’s best interests
4. Written findings required: When ordering unequal time-sharing, the court must evaluate all 20 best interest factors and make specific written findings of fact

The 2023 amendment applies to all new cases and pending cases where the court has not yet entered a final time-sharing order. According to the Florida Bar Journal, the presumption likely does not apply retroactively to existing parenting plans established before July 1, 2023. [4]

Florida’s 20 Best Interest Factors

Florida Statute § 61.13(3) lists 20 specific factors that judges must evaluate when determining what arrangement serves the child’s best interests. [2] These factors are the foundation of every custody decision in Florida, whether establishing a new parenting plan or modifying an existing one.

The 20 factors fall into several broad categories:

Parenting Capacity (Factors 1, 2, 3, 11, 15, 19)

1. Willingness to facilitate the parent-child relationship — each parent’s demonstrated capacity to encourage contact with the other parent, honor the time-sharing schedule, and be reasonable about changes
2. Division of parental responsibilities — how responsibilities will be shared after litigation, including whether a third party (nanny, grandparent) will handle parenting tasks
3. Prioritizing the child’s needs — each parent’s ability to put the child’s needs above their own desires
4. Providing a consistent routine — demonstrated ability to maintain discipline, homework schedules, meals, and bedtimes (Factor 11)
5. Historical parenting roles — which parent customarily performed specific parenting tasks before and during litigation (Factor 15)
6. Meeting developmental needs — capacity to address the child’s specific developmental stage and any special needs (Factor 19)

Stability and Environment (Factors 4, 5, 8)

7. Stable environment and continuity — how long the child has lived in a stable, satisfactory environment and the value of maintaining that continuity (Factor 4)
8. Geographic viability — whether the parenting plan is practical given where each parent lives, especially for school-age children and travel time (Factor 5)
9. Child’s home, school, and community record — the child’s track record of adjustment and performance in their current environment (Factor 8)

Co-Parenting and Communication (Factors 10, 12, 16, 18)

10. Knowledge of the child’s life — each parent’s demonstrated awareness of the child’s friends, teachers, medical providers, daily activities, and favorite things (Factor 10)
11. Communication between parents — capacity to keep the other parent informed and present a unified front on major issues (Factor 12)
12. School and extracurricular involvement — participation in the child’s school, sports, and activities (Factor 16)
13. Shielding the child from litigation — not discussing the case with the child, not sharing court documents, and refraining from disparaging the other parent (Factor 18)

Safety Concerns (Factors 6, 7, 13, 14, 17)

14. Moral fitness — whether a parent’s conduct has had or is likely to have an adverse impact on the child (Factor 6)
15. Mental and physical health — each parent’s health status as it relates to their ability to care for the child (Factor 7)
16. Domestic violence, abuse, or neglect — any evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect; the court must specifically acknowledge this evidence in writing (Factor 13)
17. False information about abuse — whether either parent knowingly provided false information about domestic violence or child abuse to the court (Factor 14)
18. Substance-free environment — each parent’s capacity to maintain an environment free from substance abuse (Factor 17)

The Child’s Voice and Catch-All (Factors 9, 20)

19. Child’s preference — the reasonable preference of the child, if the court deems the child mature enough to express a valid opinion (Factor 9). There is no set age for this — judges evaluate each child individually
20. Any other relevant factor — a catch-all provision allowing the court to consider any additional circumstances relevant to the specific family (Factor 20)

Common 50/50 Time-Sharing Schedules in Florida

With the 50/50 presumption now in effect, equal time-sharing schedules have become the starting point in most Florida custody cases. Here are the most common arrangements:

Schedule	How It Works	Best For
Alternating Weeks	Child spends 7 days with one parent, then 7 days with the other	School-age children; parents who live near each other
2-2-3 Rotation	2 days with Parent A, 2 days with Parent B, 3 days with Parent A — then reverse the next week	Younger children who benefit from frequent contact with both parents
3-4-4-3 Rotation	3 days with Parent A, 4 days with Parent B — then 4 days with Parent A, 3 days with Parent B	Families wanting shorter stretches between exchanges
2-2-5-5 Rotation	Each parent always has the same 2 weekdays, then alternates 5-day weekends	Parents who want a predictable weekly structure

The right schedule depends on the child’s age, school schedule, each parent’s work schedule, and the distance between homes. Courts consider all of these factors, especially geographic viability (Factor 5) and the child’s developmental needs (Factor 19).

Types of Parental Responsibility in Florida

Florida law recognizes two primary forms of parental responsibility — and the default heavily favors shared responsibility. [2]

Shared Parental Responsibility (Default)

Under shared parental responsibility, both parents participate in major decisions affecting the child’s welfare, including education, healthcare, and religious upbringing. This is the presumptive standard in Florida — courts must order shared parental responsibility unless they find it would be detrimental to the child.

Even under shared parental responsibility, the court may grant one parent ultimate responsibility over specific areas (such as education or healthcare) if the parents cannot agree. This prevents deadlock without stripping the other parent of involvement.

Sole Parental Responsibility

The court may order sole parental responsibility to one parent — with or without time-sharing for the other parent — when shared responsibility would be detrimental to the child. Situations that may lead to sole parental responsibility include:

• Conviction of a first-degree misdemeanor or higher involving domestic violence
• Meeting criteria for termination of parental rights under F.S. § 39.806(1)(d)
• Conviction of or adjudication withheld for a sexual offense against a minor
• Chronic substance abuse that endangers the child
• Documented history of child abuse or neglect

In cases involving domestic violence or sexual offenses, there is a rebuttable presumption that shared parental responsibility is detrimental. The convicted parent bears the burden of overcoming this presumption. [2]

What Must Be in a Florida Parenting Plan

Under F.S. § 61.13(2)(b), every court-approved parenting plan must address several specific elements. [2] Missing even one required element can result in the court rejecting the plan.

A complete Florida parenting plan must include:

1. Daily task sharing — an adequate description of how parents will share daily responsibilities for the child
2. Time-sharing schedule — specific times, overnights, and holidays the child will spend with each parent
3. Decision-making authority — who is responsible for healthcare (including mental health), school-related matters (including the address used for school-boundary determination), and other activities
4. Communication methods — how parents will communicate with the child when the child is with the other parent (phone, video call, text, etc.)
5. Exchange locations — authorized locations for transferring the child between parents, unless both parents agree otherwise in writing

Parents may agree to a parenting plan and submit it for court approval, or the court may create one after a hearing. Either way, the plan becomes a court order and is legally enforceable.

How to Modify a Parenting Plan in Florida

Life changes. Jobs relocate, children grow, circumstances shift. Florida law allows modification of parenting plans and time-sharing schedules, but the standard is intentionally high. [2]

To modify an existing parenting plan, the requesting parent must prove:

1. A substantial and material change in circumstances — this is the threshold requirement and must be demonstrated before the court will consider any modification
2. The modification is in the child’s best interests — even if circumstances have changed, the court will only approve modifications that serve the child

Examples of substantial and material changes include:

• A parent’s relocation that significantly impacts the current schedule
• A parent moving within 50 miles of the other parent (when previously more than 50 miles apart) — this is specifically recognized in the statute as a potential basis for modification
• A significant change in a parent’s work schedule
• A child’s changing needs as they get older (e.g., starting school, reaching adolescence)
• Evidence of substance abuse, domestic violence, or other safety concerns that developed after the original order
• A parent’s repeated failure to honor the time-sharing schedule

The modification standard is deliberately higher than the initial determination standard. This protects the finality of existing parenting plans and prevents parents from constantly re-litigating custody. [4]

When Courts Deny or Restrict Time-Sharing

While Florida law favors both parents having meaningful time with their children, there are situations where courts will restrict or deny time-sharing entirely. [2]

Domestic violence creates a rebuttable presumption against shared parental responsibility. If a parent has been convicted of a first-degree misdemeanor or higher involving domestic violence, the court presumes that shared parental responsibility is detrimental to the child. The convicted parent must overcome this presumption to receive shared responsibility and time-sharing.

Sexual offenses against minors create a rebuttable presumption against granting any time-sharing at all. A parent convicted of or with adjudication withheld for a qualifying sexual offense must obtain a specific written court finding that they pose no significant risk of harm and that time-sharing is in the child’s best interests.

Even without a conviction, courts must consider any evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect — regardless of whether formal charges were filed. If the court accepts such evidence, it must specifically acknowledge in writing that the evidence was considered. [2]

If the court determines that shared parental responsibility would be detrimental, it may order sole parental responsibility and arrange time-sharing (if any) in a manner that best protects the child and any abused parent from further harm.

How Time-Sharing Affects Child Support

The number of overnights each parent has directly impacts child support calculations under Florida’s Income Shares Model. [2]

Key connections between time-sharing and child support:

• Equal time-sharing does not eliminate child support. The statute specifically states that an order for equal time-sharing does not preclude a child support order. If there is a significant income disparity between parents, the higher-earning parent may still owe support even with a 50/50 schedule.
• The 73-night threshold matters. Under Florida’s child support guidelines (F.S. § 61.30), if the non-majority parent has the child for at least 73 overnights per year (20% of nights), a different calculation applies that factors in the time-sharing split.
• Child support cannot be withheld as leverage. Florida law explicitly prohibits using child support and time-sharing as weapons against each other. A parent who is owed child support cannot refuse to honor the time-sharing schedule, and a parent whose time-sharing rights are violated must continue paying ordered support.

Time-sharing violations have consequences. When a parent refuses to honor the time-sharing schedule without proper cause, the court must award makeup time-sharing and may order the violating parent to pay attorney’s fees, attend a parenting course, perform community service, or face other sanctions. [2]

What Not to Do During a Jacksonville Custody Dispute

The 20 best interest factors tell you what courts look for — but equally important is what to avoid. These common mistakes can seriously damage your custody case:

1. Don’t badmouth the other parent — especially in front of the children. Factor 1 evaluates your willingness to encourage the parent-child relationship, and Factor 18 specifically looks at whether you refrain from disparaging the other parent. Parental alienation is one of the most damaging behaviors in the court’s eyes.
2. Don’t introduce new partners too early — bringing a new romantic partner around the children during active custody litigation raises questions about your judgment and can increase conflict.
3. Don’t disrupt the child’s routine — Factor 4 emphasizes the value of stability and continuity. Unnecessary changes to the child’s school, activities, or living situation during litigation can work against you.
4. Don’t violate court orders — follow every provision of any temporary or final order. Don’t deny the other parent’s time-sharing, skip child support payments, or take the children outside the designated area without permission.
5. Don’t discuss the case with your children — Factor 18 specifically evaluates each parent’s ability to shield the child from litigation. Never share court documents, discuss legal strategy, or put your child in the middle.
6. Don’t make decisions unilaterally — if you have shared parental responsibility, major decisions about healthcare, education, and religion require input from both parents.
7. Don’t use social media carelessly — posts showing partying, reckless behavior, or disparaging remarks about the other parent can become evidence. Assume everything you post will be seen by the judge.

Related Family Law Issues

Child custody intersects with several other areas of family law that may affect your case:

• Paternity — for unmarried parents, establishing paternity is often the first step before a parenting plan can be created
• Child support — time-sharing directly impacts child support calculations under Florida’s Income Shares Model
• Divorce — custody and time-sharing are determined as part of the divorce process when minor children are involved
• Mediation — Florida courts strongly encourage (and often require) mediation before a custody trial; many parenting plans are settled through mediation
• Military divorce — deployments and relocations create unique time-sharing challenges for military families
• Restraining orders — domestic violence injunctions directly impact parental responsibility and time-sharing
• Temporary custody orders — emergency or temporary orders may be entered while the full custody case is pending
• Alimony — spousal support and child support are calculated separately but may both arise from the same divorce proceeding

Why Choose Adam Sacks for Your Custody Case

I’ve been handling custody and time-sharing cases in Jacksonville for over 25 years. What sets me apart from many family law attorneys is my background — I started my career as an Assistant State Attorney for the State of Florida, prosecuting criminal cases in Seminole County. That courtroom experience gave me something most custody lawyers don’t have: the confidence and preparation to take your case to trial if the other side won’t negotiate a fair parenting plan.

But I’m also a Florida Supreme Court Certified Family Mediator. That means I understand both sides of the process — I know how to fight effectively in court, and I know how to find common ground at the negotiation table. In my experience, most custody disputes can be resolved through skilled negotiation or mediation. But you need an attorney who’s prepared to go to trial if the other side won’t agree to what’s fair for your child.

I also hold a degree in psychology from the University of Massachusetts. When you’re dealing with high-conflict custody, understanding human behavior matters. I use that insight to read opposing parties, anticipate their moves, and build strategies that protect your parenting rights.

Adam Sacks earned his J.D. from Western Michigan University Cooley Law School, where he received a Book Award for top academic performance. He served as an Assistant State Attorney in Seminole County before transitioning to private family law practice. He is a Florida Supreme Court Certified Family Mediator and has been a member of the Florida Bar (Bar #248370) since 2000. At the Law Offices of Sacks & Sacks, P.A., he and his wife Melanie — one of Jacksonville’s most experienced bankruptcy attorneys — provide personal, family-run legal representation.

What Happens When You Call Our Office

When you call (904) 396-5557, here’s exactly what to expect:

1. You talk to me — not a paralegal, not a junior associate, not an answering service. I personally handle initial consultations because your case deserves that level of attention from day one.
2. I listen to your situation — custody cases are personal. I need to understand the full picture before I can give you useful advice.
3. I give you a straight assessment — I’ll tell you where you stand under Florida’s 50/50 presumption, how the 20 best interest factors apply to your situation, and what a realistic outcome looks like. No sugarcoating.
4. We build a strategy together — whether that’s negotiation, mediation, or preparing for trial, we’ll map out the approach that gives you the strongest position to protect your parenting rights.

Protect your parenting rights. Call Adam Sacks at (904) 396-5557 for a free child custody consultation. Available Monday–Friday.

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Frequently Asked Questions About Child Custody in Florida

Is 50/50 custody automatic in Florida?

Not automatic, but it is the legal starting point. Since July 1, 2023, Florida law creates a rebuttable presumption that equal time-sharing is in the child’s best interests. [3] However, either parent can overcome this presumption by proving — by a preponderance of the evidence — that 50/50 is not in the child’s best interests. Courts still evaluate all 20 statutory best interest factors before ordering any time-sharing schedule, and many cases result in schedules other than an exact 50/50 split based on the specific family’s circumstances.

At what age can a child choose which parent to live with in Florida?

Florida law does not set a specific age at which a child can choose. Under Factor 9 of F.S. § 61.13(3), the court may consider “the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.” [2] In practice, judges generally give more weight to the preferences of teenagers, but the child’s preference is only one of 20 factors — it is never the sole deciding factor. In my experience, courts typically begin giving meaningful weight to a child’s expressed preference around ages 12-14, depending on the child’s maturity.

Can I modify my custody arrangement if circumstances change?

Yes, but you must first demonstrate a substantial and material change in circumstances since the last order was entered. This is intentionally a high bar — it prevents parents from constantly re-litigating custody. Common qualifying changes include a parent’s relocation, a significant change in work schedule, the child’s evolving needs, evidence of substance abuse or domestic violence, or repeated time-sharing violations. Even after showing a substantial change, the court must also find that the modification serves the child’s best interests. [2]

What happens if the other parent violates the time-sharing schedule?

Florida law takes time-sharing violations seriously. When a parent refuses to honor the schedule without proper cause, the court must award makeup time-sharing to the parent who was denied time. The court may also order the violating parent to pay attorney’s fees, attend a parenting course, perform community service, or face contempt of court. [2] Documenting each violation with dates, times, and any written communication is critical to building an enforcement case.

Do I need a lawyer for a custody case in Florida?

You are not legally required to have a lawyer, but custody cases involve significant legal complexity — 20 statutory factors, the 50/50 presumption, parenting plan requirements, and strict procedural rules. In my 25 years handling custody cases in Jacksonville, I’ve seen many parents who represented themselves end up with parenting plans that don’t protect their rights or that create problems years later. An experienced family law attorney ensures your parenting plan is complete, enforceable, and structured to serve your child’s best interests and your parental rights.

How long does a custody case take in Jacksonville?

Timelines vary significantly. If both parents agree on a parenting plan, the case can be resolved in a few weeks to a couple of months. Contested cases — where parents disagree on time-sharing or parental responsibility — typically take 6 to 12 months, and complex cases involving domestic violence, substance abuse, or relocation can take longer. Florida courts often require mediation before trial, which can help resolve disputes more quickly. The 4th Judicial Circuit (Duval County) has its own scheduling practices that an experienced local attorney can navigate efficiently.

What is the difference between parental responsibility and time-sharing?

Parental responsibility determines who makes major decisions about the child — education, healthcare, religion, and welfare. Under shared parental responsibility, both parents participate in these decisions. Under sole parental responsibility, only one parent has decision-making authority. Time-sharing is the physical schedule — how many overnights and holidays the child spends with each parent. You can have shared parental responsibility with unequal time-sharing, or sole parental responsibility where the non-custodial parent still has some time-sharing. The two concepts are separate and addressed individually in the parenting plan. [2]

Sources:

[1] Florida Courts, Court Filings and Statistics, 2022-2024 Biennial Report. flcourts.gov

[2] Florida Statutes § 61.13, Support of children; parenting and time-sharing; powers of court (2024). flsenate.gov

[3] Ch. 2023-301, Laws of Florida (SB 1416), Parenting and Time-sharing of Minor Children. flsenate.gov

[4] Bailey Howard, Retroactivity (or Not) of the Equal Timesharing Presumption, The Florida Bar Journal, Vol. 100, No. 1 (Jan/Feb 2026). floridabar.org

Related Pages

• Jacksonville Family Law Attorney
• Child Support
• Divorce
• Paternity
• Mediation
• Military Divorce
• Spousal Support & Alimony
• Adoption
• Restraining Orders
• Temporary Custody Orders