Child Visitation Rights in Florida

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Why Doesn’t Florida Use the Term “Visitation” Anymore?

Florida eliminated the term “visitation” from its family law statutes in 2008 (SB 2532), replacing it with “time-sharing.” The change was deliberate — “visitation” implies one parent is a visitor in their own child’s life, while “time-sharing” reflects the legal principle that both parents have equal standing (F.S. § 61.13) [1].

This isn’t just a label change. The shift in terminology reflects a fundamental change in how Florida law treats both parents:

• “Custody” became “parental responsibility” — referring to decision-making authority
• “Visitation” became “time-sharing” — referring to the schedule of when each parent has the child
• “Primary custody” became “majority time-sharing” — the parent with more than 50% of overnights

Despite the legal change, most people (and even some lawyers) still say “visitation.” For this guide, we’ll use both terms interchangeably, but understand that all Florida court orders use “time-sharing.”

What Is Florida’s 50/50 Time-Sharing Presumption?

Effective July 1, 2023, Florida’s family law reform (Ch. 2023-301) created a rebuttable presumption that equal time-sharing is in the child’s best interest [2]. This is the most significant change to Florida custody law in decades.

What “rebuttable presumption” means in practice:

• The court starts with the assumption that 50/50 is appropriate
• Either parent can present evidence to argue for a different arrangement
• The court must consider all 20 best interest factors in F.S. § 61.13(3)
• If the court deviates from 50/50, it must make specific written findings explaining why

Before this reform, there was no presumption — one parent often received “primary” custody with the other getting every-other-weekend. The 2023 law levels the playing field.

What Are the 20 Best Interest Factors Courts Consider?

Florida courts must evaluate 20 specific factors listed in F.S. § 61.13(3) when determining a time-sharing schedule [1]. No single factor is dispositive. Key categories include:

Parent-child relationship factors:

• The capacity of each parent to facilitate the child’s relationship with the other parent
• The love, affection, and emotional ties between parent and child
• Each parent’s willingness to place the child’s needs first
• Each parent’s knowledge of the child’s friends, school, activities

Stability and continuity factors:

• Length of time the child has lived in a stable, satisfactory environment
• The geographic viability of the parenting plan (proximity of homes)
• The child’s school and community connections
• Moral fitness of the parents

Safety factors:

• Evidence of domestic violence, sexual violence, child abuse, or neglect
• Substance abuse by either parent
• Mental and physical health of each parent
• Criminal history relevant to parenting ability

Practical factors:

• Reasonable preference of the child (if sufficient maturity)
• Each parent’s ability to maintain a consistent routine
• Work schedules and childcare arrangements
• Each parent’s participation in the child’s school and extracurricular activities

What Are the Most Common Time-Sharing Schedules in Florida?

Since the 2023 reform, courts increasingly favor schedules that approximate equal time. The four most common arrangements are [1]:

Alternating Weeks (7/7)

Each parent has the child for one full week, then switches. This is the simplest 50/50 schedule. Best for: school-age children who can handle a full week away from either parent, parents who live in the same school district.

Overnights per year: 182.5 each (exactly 50/50)

2-2-3 Rotation

Parent A has Monday-Tuesday, Parent B has Wednesday-Thursday, and they alternate Friday-Sunday. The following week reverses. Neither parent goes more than 3 days without seeing the child.

Overnights per year: 182.5 each (50/50). Best for: younger children (toddlers through early elementary) who need more frequent contact with both parents.

3-4-4-3 Rotation

Parent A has 3 days, Parent B has 4 days, then Parent B has 3 days, Parent A has 4 days. Repeats every two weeks.

Overnights per year: 182.5 each (50/50). Best for: parents who want slightly longer stretches than 2-2-3 but shorter than full alternating weeks.

Every Other Weekend + Midweek

One parent has primary time, the other gets every other weekend (Friday-Sunday) plus a midweek overnight (typically Wednesday). This is no longer the default since the 2023 reform, but courts still order it when 50/50 isn’t appropriate.

Overnights per year: Approximately 132 for the non-majority parent (36/64 split). The 73-night threshold is critical for child support calculations under F.S. § 61.30 [3].

What Must a Florida Parenting Plan Include?

Every Florida custody case requires a written parenting plan approved by the court (F.S. § 61.13(2)(b)) [1]. A valid parenting plan must address:

1. Time-sharing schedule — specific days, times, pickup/dropoff locations for regular weeks, holidays, school breaks, and summer
2. Parental responsibility — whether responsibility is shared (both parents decide together) or sole (one parent decides). Shared responsibility is the default.
3. Communication — how the child will communicate with the other parent during that parent’s non-time-sharing periods (phone, video, text)
4. Holiday and vacation schedule — specific allocations for major holidays (Thanksgiving, Christmas, spring break, summer), often alternating odd/even years
5. Transportation — who provides transportation for exchanges, meeting locations
6. Decision-making — how major decisions about education, healthcare, religion, and extracurricular activities will be made
7. Dispute resolution — how parents will resolve disagreements (mediation before court)

If parents cannot agree on a parenting plan, the court will impose one based on the 20 best interest factors.

When Is Supervised Time-Sharing Ordered?

Florida courts can order supervised time-sharing under F.S. Chapter 753 when there are concerns about the child’s safety [4]. Common reasons include:

• Domestic violence — active or recent injunction for protection
• Substance abuse — documented drug or alcohol issues
• Mental health concerns — untreated conditions affecting parenting ability
• Parental alienation — pattern of undermining the child’s relationship with the other parent
• Reintroduction — parent has been absent from the child’s life for an extended period
• Child abuse or neglect allegations — pending investigation or substantiated findings

Supervised visits occur at approved supervised visitation centers or with a court-approved supervisor (often a family member). The cost typically ranges from $50-$150 per visit and is usually paid by the supervised parent.

How Do You Modify a Time-Sharing Order in Florida?

To modify an existing time-sharing order, you must prove a substantial, material, and unanticipated change in circumstances since the last order (F.S. § 61.13(3)) AND that the modification is in the child’s best interest [1].

Common grounds for modification:

• Relocation — one parent moving 50+ miles away (F.S. § 61.13001 requires court approval)
• Change in child’s needs — new school, medical needs, age-related schedule changes
• Non-compliance — one parent consistently violates the existing order
• Safety concerns — new evidence of abuse, neglect, or substance abuse
• Change in parent’s circumstances — new work schedule, incarceration, military deployment
• Child’s preference — an older child expresses a strong, reasonable preference

The modification process:

1. File a Supplemental Petition for Modification in the same court that issued the original order
2. Serve the other parent with the petition
3. Attend mandatory mediation (F.S. § 61.183) before the hearing
4. If mediation fails, present evidence at a court hearing
5. Court issues a modified order if the standard is met

What Happens If a Parent Violates the Time-Sharing Order?

Violating a court-ordered time-sharing schedule is enforceable through contempt of court. The non-violating parent can file a Motion for Contempt and Enforcement. Available remedies include [1]:

• Make-up time — compensatory time-sharing for missed periods
• Civil contempt — the violating parent can be jailed until they comply (purge condition)
• Attorney’s fees — the violating parent pays the other parent’s legal costs
• Modification of the order — persistent violation can justify changing the time-sharing schedule
• Custody evaluation — the court may order a professional custody evaluation

Important: You cannot withhold child support because the other parent denies time-sharing, and you cannot deny time-sharing because the other parent doesn’t pay child support. These are separate legal obligations.

What Are Florida’s Rules on Relocation with a Child?

Under F.S. § 61.13001, if a parent wants to move more than 50 miles from their current residence, they must either get the other parent’s written agreement or court approval [5].

The relocating parent must file a petition including:

• The reason for the relocation
• A proposed revised time-sharing schedule
• A proposed revised transportation plan
• How relocation will affect the child’s education and relationships

The non-relocating parent has 20 days to object. If they object, the court holds a hearing and considers 11 factors including the child’s relationship with both parents, the economic benefit of the move, and the feasibility of preserving the relationship with the non-relocating parent.

Relocating without court approval or written agreement is a violation that can result in contempt, attorney’s fees, and even a shift of majority time-sharing to the non-relocating parent.

Do Grandparents Have Visitation Rights in Florida?

Florida provides very limited grandparent visitation rights. Under F.S. § 752.011, a grandparent can petition for visitation only if [6]:

• One or both parents are deceased, missing, or in a persistent vegetative state
• The child was previously adjudicated dependent (child welfare involvement)
• The parents are divorced or separated and the grandparent can prove that visitation is in the child’s best interest and that the parent’s decision to deny visitation is harmful

Florida courts give great deference to parents’ decisions about who has access to their children. The U.S. Supreme Court’s decision in Troxel v. Granville (2000) established that fit parents have a fundamental right to make decisions about their children’s care, and Florida law reflects this principle.

Frequently Asked Questions

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

Florida law does not set a specific age. The child’s “reasonable preference” is one of the 20 best interest factors under F.S. § 61.13(3), but it is only considered if the child has “sufficient intelligence, understanding, and experience.” Courts generally give more weight to preferences of children 14 and older, but even a teenager’s preference is just one factor — not determinative.

What is the 73-night threshold for child support in Florida?

Under F.S. § 61.30, when a parent has the child for 73 or more overnights per year (20%), the child support calculation shifts to a shared-parenting formula that reduces the obligation. This makes the exact number of overnights in a time-sharing schedule financially significant.

Can a parent deny time-sharing if child support isn’t paid?

No. Time-sharing and child support are separate legal obligations in Florida. A parent cannot withhold time-sharing because the other parent is behind on support, and a parent cannot withhold support because time-sharing is being denied. Either violation can result in contempt of court.

How does military deployment affect time-sharing in Florida?

Under F.S. § 61.13002, a deploying military parent can designate a family member to exercise time-sharing during deployment. The existing time-sharing order is automatically reinstated upon return. Deployment cannot be used as the sole basis to permanently modify time-sharing.

What is the difference between sole and shared parental responsibility?

Shared parental responsibility (the default) means both parents must agree on major decisions about education, healthcare, religion, and extracurricular activities. Sole parental responsibility means one parent makes all major decisions alone. Courts only grant sole responsibility when shared responsibility would be detrimental to the child — typically in cases involving domestic violence, substance abuse, or severe parental conflict.

Sources:

[1] Florida Legislature, F.S. § 61.13 — Parental Responsibility; Time-Sharing; Parenting Plans (2025). leg.state.fl.us

[2] Florida Legislature, Ch. 2023-301 — Family Law Reform (50/50 Time-Sharing Presumption). laws.flrules.org

[3] Florida Legislature, F.S. § 61.30 — Child Support Guidelines (2025). leg.state.fl.us

[4] Florida Legislature, F.S. Chapter 753 — Supervised Visitation (2025). leg.state.fl.us

[5] Florida Legislature, F.S. § 61.13001 — Parental Relocation with a Child (2025). leg.state.fl.us

[6] Florida Legislature, F.S. § 752.011 — Grandparent Visitation Rights (2025). leg.state.fl.us

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