Your family’s structure may change, but your connection to your children shouldn’t have to. Florida law provides pathways for various individuals to seek time with children they care about—but who exactly has the right to file?
Understanding Florida’s Time-Sharing Framework
When it comes to children and family law, Florida marches to its own beat. While many states use terms like “custody” and “visitation,” Florida has moved to a “parental responsibility” and “time-sharing” model. This isn’t just a matter of terminology—it reflects Florida’s philosophical approach that children benefit from maintaining meaningful relationships with important people in their lives, while also recognizing that parents generally have priority in making decisions about their children.
But who exactly can petition the courts for time-sharing or visitation rights? The answer depends on your relationship to the child and the specific circumstances of your situation.
Parents’ Rights to File for Time-Sharing
Biological Parents
In Florida, biological parents have the strongest legal standing to seek time-sharing with their children. Both mothers and fathers have equal rights under Florida law, though unmarried fathers may need to take additional steps to establish paternity before seeking time-sharing orders.
When biological parents separate or divorce, either parent can file a petition for time-sharing as part of:
- Divorce proceedings
- Paternity actions
- Standalone time-sharing cases
Florida Statutes § 61.13 governs these arrangements, with courts determining time-sharing schedules based on what serves the child’s best interests.
Adoptive Parents
Under Florida law, adoptive parents have identical rights to biological parents once an adoption is finalized. The legal relationship is equivalent in every way, allowing adoptive parents the same standing to file for time-sharing as biological parents.
Unmarried Parents
For unmarried parents, the process can involve additional steps:
- Mothers automatically have legal rights to their children at birth
- Fathers must establish paternity to gain legal rights, which can be done:
- By signing a voluntary acknowledgment of paternity
- Through genetic testing
- By court order in a paternity action
According to Florida Statutes § 742.10, once paternity is established, the father has the same rights to file for time-sharing as any other parent.
Non-Parent Time-Sharing Rights in Florida
Florida has traditionally been quite restrictive regarding non-parent rights to children. However, there are specific situations where non-parents may have standing to file.
Grandparents’ Limited Rights
Unlike many states, Florida has very limited grandparent visitation laws. Following several Florida Supreme Court decisions that prioritized parents’ constitutional rights to raise their children, grandparents’ rights have been significantly curtailed.
Currently, under Florida Statutes § 752.011, grandparents may only petition for visitation in very limited circumstances:
- When both parents are deceased, missing, or in a persistent vegetative state, OR
- When one parent meets one of those conditions and the other parent has been convicted of a felony or offense of violence indicating a substantial threat of harm to the child’s welfare
Even in these narrow circumstances, grandparents must demonstrate that visitation would not harm the parent-child relationship and would be in the child’s best interests.
Extended Family Members
Extended family members may seek temporary custody of a child under Florida Statutes Chapter 751 if:
- They have the consent of the child’s parents, OR
- They are caring for the child full-time in the role of a substitute parent and the child’s parents have essentially abandoned their parental duties
This pathway allows relatives like aunts, uncles, adult siblings, or even close family friends to obtain legal authority to care for a child when parents are unable or unwilling to do so.
Third-Party Custody
Non-relatives face significant hurdles in seeking any form of custody or time-sharing rights in Florida. Generally, a third party must demonstrate:
- The parents are unfit, OR
- Remaining with the parents would result in demonstrable harm to the child
Courts apply these standards strictly, giving strong preference to parents’ rights unless exceptional circumstances exist.
Legal Requirements for Filing Time-Sharing Petitions
Jurisdiction Requirements
For a Florida court to make initial time-sharing determinations, it must have jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Florida Statutes § 61.503. Florida must be:
- The child’s home state (meaning the child lived in Florida for at least six consecutive months immediately before filing), OR
- The child’s home state within six months before filing and the child is absent from Florida but a parent continues to live in Florida, OR
- No other state has jurisdiction, or another state with jurisdiction has declined to exercise it in favor of Florida
Standing to File
“Standing” refers to your legal right to bring a case before the court. In Florida, those with standing to file for time-sharing typically include:
- Legal parents (biological or adoptive)
- Legal guardians
- In limited circumstances, grandparents or extended family members as outlined above
Before filing, you should confirm your legal relationship with the child gives you standing under Florida law.
Required Documentation
When filing for time-sharing in Florida, you’ll need:
- Petition for time-sharing/parental responsibility
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit
- Notice of Related Cases form
- Financial affidavit (if child support is also being addressed)
- Proof of completion of a parenting course (required in most Florida counties)
Different circumstances may require additional documentation. For example, unmarried fathers may need to file paternity actions first, while grandparents would file specialized petitions under § 752.011.
Special Circumstances Affecting Time-Sharing Filings
Military Families
Active duty military personnel have additional protections under the Servicemembers Civil Relief Act and Florida Statutes § 61.13002. These laws:
- Allow for temporary modifications of time-sharing during deployment
- Prevent permanent changes based solely on deployment
- Provide for expedited or remote hearings when possible
Florida courts recognize the unique challenges facing military families and consider the best interests of the child while also respecting the service member’s military obligations.
Relocation Cases
When a parent wishes to move more than 50 miles away with a child, Florida Statutes § 61.13001 requires:
- Written notification to the other parent
- Filing a petition for relocation if the other parent objects
- Court evaluation based on specific factors outlined in the statute
Relocation cases often involve complicated time-sharing modifications and require careful navigation of Florida’s specific procedural requirements.
Domestic Violence Situations
In cases involving domestic violence, the filing process may be modified to:
- Include requests for protective orders
- Address safety concerns in time-sharing arrangements
- Consider evidence of domestic violence as a factor in determining parental responsibility
Florida Statutes § 61.13(2)(c)(2) explicitly states that evidence of domestic violence creates a rebuttable presumption against shared parental responsibility or time-sharing for the perpetrator.
Key Takeaways
- Florida uses “time-sharing” and “parental responsibility” rather than traditional custody and visitation terms
- Biological and adoptive parents have the strongest legal standing to seek time-sharing rights
- Unmarried fathers must establish paternity before seeking time-sharing orders
- Grandparents and other relatives have very limited rights to seek visitation in Florida
- Florida courts prioritize the best interests of the child in all time-sharing decisions
- Special circumstances like military service, relocation, and domestic violence have specific legal provisions
Frequently Asked Questions
Can I file for time-sharing in Florida if I just moved here with my child?
It depends on how long you’ve been in Florida. Generally, Florida courts only have jurisdiction if Florida is the child’s “home state,” meaning the child has lived here for at least six consecutive months immediately before filing. If you recently moved to Florida, the state where your child previously lived might retain jurisdiction.
Do I need a lawyer to file for time-sharing in Florida?
While not legally required, navigating Florida’s family court system without legal representation can be challenging. Family law attorneys provide valuable guidance through the complex filing requirements and help present your case effectively to secure the time-sharing arrangement that best serves your child’s interests.
Can my child choose which parent to live with in Florida?
Florida law does not specify an age when a child can choose their primary residence. Instead, courts may consider a child’s preference as one of many factors when determining time-sharing arrangements, giving more weight to preferences of older, more mature children. However, the child’s preference is never the sole determining factor.
Can I modify an existing time-sharing schedule?
Yes, time-sharing schedules can be modified if there has been a substantial, material, and unanticipated change in circumstances since the original order was entered, and if the modification would be in the child’s best interests. The parent seeking modification bears the burden of proving both elements.
If I have full time-sharing, can I move anywhere I want with my child?
No. Even with majority time-sharing, Florida law (§ 61.13001) requires parents to follow specific procedures before relocating more than 50 miles away with a child. You must either obtain written agreement from the other parent or court approval before relocating.
Can time-sharing rights be terminated in Florida?
Parental rights can only be terminated through specific legal proceedings, typically involving severe abuse, neglect, abandonment, or voluntary surrender. Time-sharing can be severely restricted but terminating all rights requires meeting high legal standards through dependency or termination of parental rights proceedings.
Contact Us to Discuss the Next Steps in Your Time-Sharing Case
Time-sharing matters involve complex legal considerations and deeply personal family dynamics. Our attorneys at Perez-Calhoun Law Firm, P.A. have thorough knowledge of Florida’s family law statutes and can help you handle the legal process while advocating for an arrangement that serves your child’s best interests.
Whether you’re a parent seeking to establish a time-sharing schedule, a grandparent with concerns about a child’s welfare, or a family member stepping in during a difficult time, we can help you identify your legal options and develop a strategy tailored to your unique situation.
Don’t face the complexities of Florida’s time-sharing laws alone. Contact us today for a free initial consultation to discuss your case and take the first step toward securing your relationship with the children you care about.
