Does Florida favor mothers in custody?

No. Florida law explicitly rejects any presumption in favor of either parent. Florida Statute 61.13 directs the court to decide timesharing based on the best interest of the child, evaluating a list of statutory factors.

Can parents agree to 50/50 timesharing?

Yes. Florida courts routinely approve 50/50 timesharing arrangements when both parents agree and the plan serves the child's best interest. A 2023 Florida statute creates a rebuttable presumption that equal timesharing is in the child's best interest.

Do we still need a parenting plan if we agree on everything?

Yes. Florida requires a written parenting plan in every case involving minor or dependent children, even when parents are in full agreement. The plan must be signed by both parents and approved by the court.

Can child support be waived if both parents agree?

No. Florida courts will not approve a complete waiver of child support because the right belongs to the child, not the parents. Deviation from the guideline amount requires specific written findings supporting the change.

Divorcio con hijos en Florida | Plan de crianza y manutención

Guía de divorcio en Florida

Por Aliette Hernandez Carolan, Esq.2 min de lectura

Respuesta rápida

When a Florida divorce involves minor or dependent children, the court requires a written parenting plan, a timesharing schedule, child support calculated under Florida guidelines, and completion of a state-approved parent education course by both parents before the final judgment.

Florida parenting plan is mandatory
Both parents complete a parent education course
Child support follows the statutory formula
Best interest of the child standard applies

What changes when children are involved

Florida treats divorces involving minor or dependent children differently from child-free cases. The court must approve arrangements affecting the child before the final judgment can be entered, even when both parents fully agree. This is not a procedural formality, Florida's 'best interest of the child' standard under Florida Statute 61.13 requires the judge to confirm the arrangement protects the child's welfare.

The parenting plan

A Florida parenting plan is a written document that governs how parents will share responsibility for raising the child after divorce.

Detailed timesharing schedule (school year, weekends, holidays, summer)
Allocation of parental responsibility for major decisions (education, healthcare, religion)
How parents will communicate about the child
Designation of which parent's address controls for school zoning
Transportation and exchange logistics

Florida child support

Florida child support is set by statutory guidelines in Florida Statute 61.30. The calculation considers both parents' net incomes, the timesharing overnight count, health insurance premiums, and work-related childcare costs. A Child Support Guidelines Worksheet is filed with the court showing exactly how the number was calculated.

Parent education course

Florida requires both parents in a divorce involving minor children to complete a Parent Education and Family Stabilization Course approved by the Florida Department of Children and Families. The course is typically four hours, often available online, and certificates of completion are filed with the court before the final judgment.

Preguntas frecuentes

Does Florida favor mothers in custody?: No. Florida law explicitly rejects any presumption in favor of either parent. Florida Statute 61.13 directs the court to decide timesharing based on the best interest of the child, evaluating a list of statutory factors.
Can parents agree to 50/50 timesharing?: Yes. Florida courts routinely approve 50/50 timesharing arrangements when both parents agree and the plan serves the child's best interest. A 2023 Florida statute creates a rebuttable presumption that equal timesharing is in the child's best interest.
Do we still need a parenting plan if we agree on everything?: Yes. Florida requires a written parenting plan in every case involving minor or dependent children, even when parents are in full agreement. The plan must be signed by both parents and approved by the court.
Can child support be waived if both parents agree?: No. Florida courts will not approve a complete waiver of child support because the right belongs to the child, not the parents. Deviation from the guideline amount requires specific written findings supporting the change.

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The Quick Divorce es un servicio de preparación de documentos de autoayuda para residentes de Florida, fundado y diseñado por Aliette Hernandez Carolan, Esq., abogada de derecho de familia con licencia en Florida. No es un bufete de abogados y no brinda asesoría legal. Esto es información general únicamente.