Learn what makes a parent unfit, why Florida courts might award one parent full custody, and the steps required to seek it
Key points about sole custody and parental responsibility in Florida:
- Florida courts begin with a presumption that equal time-sharing is in a child’s best interests and generally favor shared parental responsibility.
- Disagreements between parents alone are rarely enough to justify one parent having sole custody or decision making authority.
- Obtaining full custody typically requires strong evidence of abuse, neglect, domestic violence, substance abuse, or abandonment.
- Parents seeking sole custody may need to participate in mediation before a court hearing.
Parents going through a divorce or custody dispute often have questions about whether Florida is a “50/50 custody state” and what it takes to obtain sole custody of a child.
While Florida law generally prefers that both parents are involved in a child’s life, there are situations where one parent may seek greater decision-making authority or a parenting arrangement that significantly limits the other parent’s involvement.
In this article, we’ll explain how Florida courts approach custody matters, when sole parental responsibility may be appropriate under Florida law, what evidence may be needed to show a parent is unfit, and what steps are involved in seeking a parenting arrangement that protects your child’s best interests.
If you need help with a custody dispute in Florida, schedule a free consultation with the Fort Lauderdale child custody attorneys at Shemtov Hillstrom. We can help you understand your rights, evaluate your options, and advocate for your child’s best interests.
Is FL a 50/50 custody state?
Florida does not require a strict 50/50 custody arrangement in every case. However, Florida law generally starts from the position that children benefit from having frequent and continuing contact with both parents whenever possible.
The state also favors shared parental responsibility in most cases.
Shared parental responsibility means both parents retain full parental rights and responsibilities and are expected to consult with one another when making major decisions affecting the child. This can include decisions involving education, health care, religion, and other important aspects of the child’s upbringing.
While equal time-sharing is common, the court’s primary focus is always the child’s best interests. As a result, parenting schedules and involvement can vary significantly depending on the family’s circumstances.
Can I get sole custody of my child in Florida?
Yes, but the term “sole custody” is no longer commonly used in Florida family courts.
Instead, Florida courts typically refer to sole parental responsibility. This means one parent has the authority to make major decisions for the child without needing the other parent’s agreement.
In some cases, a court may also order a time-sharing arrangement that gives one parent substantially more parenting time than the other. However, Florida courts generally prefer arrangements that allow both parents to remain involved in a child’s life unless there is a compelling reason to limit one parent’s role.
How hard is it to get sole custody in Florida?
In many cases, obtaining sole parental responsibility is difficult. Florida law favors shared parental responsibility whenever it is in the child’s best interests.
To overcome that presumption, a parent typically must present evidence showing that shared decision-making would be harmful to the child.
The court will closely examine the facts of the case and the child’s needs before limiting a parent’s rights. Disagreements between parents, personality conflicts, or different parenting styles are usually not enough by themselves to justify sole parental responsibility.
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Learn what the law says, how judges decide, and what to do if your child won’t see the other parent.
How to prove a parent is unfit in Florida
When evaluating whether a parent is legally “unfit,” Florida courts look at whether a parent’s behavior places the child’s safety, health, emotional well-being, or overall welfare at risk.
Examples of situations that may raise concerns include:
- Physical abuse, emotional abuse, or neglect, such as hitting a child, making threats, withholding food or medical care, failing to provide appropriate supervision, or exposing a child to unsafe living conditions
- Domestic violence involving the child or another household member, particularly when the child witnesses the abuse or is exposed to ongoing violence in the home
- Drug or alcohol abuse that affects the parent’s ability to safely care for the child, such as driving under the influence with the child in the vehicle, abusing prescription medications, or regularly becoming intoxicated while responsible for the child’s care
- Serious mental health issues that significantly impair the parent’s ability to provide a stable and safe environment for the child
- Abandoning the child, failing to maintain a relationship with the child, or repeatedly missing scheduled visits without a valid reason
- Exposing the child to dangerous individuals, criminal activity, or illegal drug use
- Repeatedly violating court orders involving the child, such as refusing to return the child after visitation, interfering with the other parent’s court-ordered time-sharing, or disregarding key parenting plan requirements
- Attempting to damage or interfere with the child’s relationship with the other parent through manipulation, false allegations, or repeated efforts to alienate the child from the other parent
It’s important to understand that courts generally require evidence, not just accusations. Depending on the circumstances, relevant evidence may include:
- Restraining orders
- Police reports
- Criminal records
- Medical records
- School records
- Photographs
- Witness testimony
- Text messages
- Social media posts
- Findings from investigations conducted by the Florida Department of Children and Families (DCF)
Ultimately, the court’s focus is not on whether a parent is perfect. The question is whether the parent’s conduct is likely to harm the child or whether granting that parent shared parental responsibility would not be in the child’s best interests.
How do I get full custody of my child in Florida?
If you are seeking sole parental responsibility or a parenting arrangement that significantly limits the other parent’s involvement, you will need to ask the family court for that outcome and present evidence supporting your request.
Here is what the process typically involves:
- Filing the appropriate paperwork with the family court. You can find the necessary family law forms on the Florida Courts system website.
- Requesting sole parental responsibility or a parenting plan that limits the other parent’s time-sharing or decision-making authority.
- Explaining why the arrangement you are seeking is in your child’s best interests.
- Gathering evidence that supports your concerns about the other parent’s ability to safely care for the child.
- Participating in mediation, which Florida courts often require before a custody dispute goes to trial.
- Presenting evidence and witness testimony to a judge if the parents cannot reach an agreement.
Keep in mind that the specific forms required depend on whether custody is being addressed as part of a divorce, a paternity case, or a request to modify an existing parenting plan.
After you file the required forms, you must be prepared to present evidence showing why shared parental responsibility would not be in your child’s best interests and why the arrangement you are requesting would better protect your child’s well-being.
Can I file for custody online in Florida?
In many Florida counties, family law forms and other court documents can be filed electronically through the Florida Courts E-Filing Portal. However, filing paperwork online is only one small part of a child custody case.
The more important issue is making sure the correct requests are included in your filings and that you have evidence to support them.
For example, if you are seeking sole parental responsibility because of substance abuse, domestic violence, neglect, or another serious concern, you must clearly present those allegations and be prepared to prove them.
That’s why many parents choose to have an experienced Fort Lauderdale family law attorney help them with the process.
Your attorney can help you identify the strongest legal arguments, gather supporting evidence, prepare court filings, negotiate with the other parent, and represent you during mediation, hearings, and trial if necessary.
Looking for the best child custody attorneys in Fort Lauderdale?
Whether you are seeking shared parental responsibility, requesting sole parental responsibility, or trying to protect your child from an unsafe situation, having the right legal representation can make a significant difference.
At Shemtov Hillstrom, we prepare every custody case as if it may ultimately be decided by a judge. Tal Shemtov‘s experience as a former Broward County prosecutor and Carter Hillstrom‘s background as a former assistant state attorney who has handled more than 90 jury trials and over 1,000 bench trials provide clients with a level of courtroom experience few family law firms can match.
While many custody disputes are resolved through negotiation, effective negotiation often begins with thorough preparation and a willingness to litigate when necessary. Our team is committed to building strong cases, protecting parental rights, and advocating for outcomes that serve our clients’ and their children’s best interests.
Schedule a free consultation with the Fort Lauderdale child custody attorneys at Shemtov Hillstrom today to discuss your situation and learn how we can help.