Florida Statutes Governing Child Custody Determinations

Florida law provides that the court shall determine all matters relating to child custody and visitation in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. It is the public policy of the State of Florida to assure that each minor child has frequent and continuing contact with both parents after the marriage of the parties is dissolved and to encourage parents to share the rights, responsibilities and joys of childrearing. In Florida, there is no presumption for or against the father or the mother of the child when creating or modifying child custody and visitation schedules.

The court is to order that parental responsibility for a minor child shall be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.   In ordering child custody and visitation, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child’s welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include education, health care, and any other responsibilities that the court finds unique to a particular family. The court will order sole parental responsibility for a minor child to one parent, with or without child custody and visitation with the other parent, when it is in the best interests of the minor child.

The circuit court in the county in which either parent and the child reside, or the circuit court in which the original order approving or creating the child custody and visitation plan that was entered has jurisdiction to modify child custody and visitation. The court may change the venue in accordance with s. 47.122.

For purposes of establishing or modifying parental responsibility or creating, developing, approving, or modifying a child custody and visitation schedule, the best interest of the child is the primary consideration. Determination of the best interests of the child is made by evaluating all of the factors affecting the welfare and interests of the minor children.