Florida Family Law FAQ

Under Florida Statute § 61.13, every parenting plan must include a timesharing schedule, a description of how parents share daily responsibilities, communication provisions, and a process for resolving future disputes.

Yes, if there has been a substantial and material change in circumstances since the current plan was established. Both parents can agree to modifications, or either can petition the court.

A vague parenting plan is difficult to enforce. If the plan says 'reasonable timesharing' without specifics, neither parent has an enforceable schedule. Courts strongly prefer detailed, specific plans.

Ideally, yes. If parents cannot agree, each can submit their own proposed plan and the court will decide based on the child's best interests.

Once approved by the court, a parenting plan becomes a court order and is fully enforceable. Violating the terms can result in contempt proceedings.

Timesharing is the legal term Florida uses instead of 'visitation' or 'custody.' It refers to the specific schedule that determines when each parent has physical time with their child.

As a starting point, yes. Since July 2023 Florida law presumes equal timesharing is in the child's best interest. A parent who wants a different schedule must show equal time does not serve the child under the 20 statutory factors.

Florida law does not set a specific age. The court may consider the child's preference, but it is only one of many factors and is never the sole determining factor.

No. Florida law explicitly states there is no presumption in favor of either parent based on gender. Both parents start on equal footing.

No. A parent cannot unilaterally deny the other parent's court-ordered timesharing. Doing so can result in contempt proceedings.

Florida requires a minimum 20-day waiting period. Uncontested divorces can be finalized in 30–45 days. Contested cases typically take 6–12 months or longer.

At least one spouse must have been a Florida resident for a minimum of six months before filing.

Yes. You only need to state that the marriage is irretrievably broken. You do not need to prove adultery, abuse, or other fault-based grounds.

Florida follows equitable distribution — marital assets and debts are divided fairly, though not necessarily equally.

You do not need your spouse's agreement. If they refuse to respond after proper service, you can seek a default judgment.

Florida uses an income shares model under Statute § 61.30. The calculation considers both parents' net incomes, overnights, health insurance costs, and daycare costs.

Yes, when there is a substantial change in circumstances or a 15% or $50 difference from the current guidelines amount.

Enforcement mechanisms include wage garnishment, license suspension, passport denial, liens on property, seizure of bank accounts, and contempt of court.

Yes. The number of overnights each parent has directly affects the child support calculation. More overnights generally means a lower support obligation.

Paternity can be established voluntarily by both parents signing an Acknowledgment of Paternity, or through a court proceeding with DNA testing.

Not automatically. The father must first establish paternity legally before he can petition for timesharing and parental responsibility.

If the move is at least 50 miles from your current residence, you must either get written consent from the other parent or petition the court for permission under Statute § 61.13001.

The court can order you to return, modify timesharing in favor of the other parent, hold you in contempt, and award attorney's fees.

Yes. Willful failure to pay child support can result in civil or criminal contempt, which can include jail time.

Absolutely not. Timesharing and child support are separate legal obligations. Withholding timesharing can result in you being held in contempt.