When children are involved, divorce stops being a two-person process. Florida law treats every dissolution with minor children differently — extra required steps, a mandatory parenting course, a parenting plan the court must approve, and child support calculated under strict guidelines. Here is what divorcing parents in Brevard County need to know before filing, from The Law Office of John Vernon Moore, P.A.
What Changes When You Have Minor Children
Four things become mandatory. First, your case must include a parenting plan — a court-approved document covering time-sharing, decision-making, school designation, and communication. Second, both parents must complete Florida’s Parent Education and Family Stabilization Course before final judgment. Third, child support must be calculated under Florida Statute § 61.30 — parents cannot simply waive it, because support belongs to the child. Fourth, timelines stretch: courts scrutinize agreements involving children rather than rubber-stamping them, and a simplified dissolution is off the table entirely.
Parental Responsibility and Time-Sharing
Florida abandoned “custody” language years ago. Courts order parental responsibility (decision-making, almost always shared) and a time-sharing schedule (where the children are, day by day). Since 2023, Florida law presumes that equal time-sharing is in the children’s best interests — a rebuttable presumption a parent can overcome only with evidence tied to the statutory best-interests factors. What that means practically: 50/50 schedules are now the starting point of the conversation, not a concession, and a parent seeking a different arrangement needs a case, not a preference. Our time-sharing practice page covers the factors in depth.
Building a Parenting Plan That Actually Works
The difference between a parenting plan that functions and one that generates yearly litigation is specificity. Strong plans spell out the weekly schedule and holiday rotation to the hour, exchange logistics, right of first refusal, how school and medical decisions get made when parents disagree, communication rules, and travel consent. Vague plans (“liberal time-sharing as agreed”) are invitations to conflict. We draft plans for real Brevard logistics — A1A beachside to Palm Bay commutes, shift work at the port, and military schedules for service-member parents at Patrick SFB.
Child Support: The Formula and Its Levers
Florida’s guidelines combine both parents’ net incomes, apply the statutory schedule, and add childcare and health insurance costs. Two levers matter most: income accuracy (overtime, bonuses, self-employment income, and imputed income for a voluntarily underemployed parent) and overnights — at 73+ overnights per year the formula adjusts for substantial time-sharing. Even at 50/50, the higher earner typically pays some support. Run the numbers on our child support guidelines guide and calculator before assuming anything.
Protecting Kids Through the Process
Judges notice — and children remember — how parents conduct a divorce. Practical rules we give every client: keep children out of adult disputes and off the witness list absent extraordinary circumstances; don’t use exchanges for arguments; don’t disparage the other parent in front of the kids (or in texts that end up as exhibits); and get support in place early through temporary orders so the household stabilizes while the case proceeds. Most parenting disputes settle in mediation, which lets you design the schedule instead of a judge.
Frequently Asked Questions
Does Florida favor mothers?
No. The law is expressly gender-neutral, and since 2023 carries a presumption of equal time-sharing. Outcomes turn on the best-interests factors, not on which parent is asking.
Can my child choose which parent to live with?
A child’s preference is one factor among many, weighed by age and maturity — it is never controlling, and Florida judges rarely have children testify. There is no magic age at which a child decides.
Can we agree to no child support?
Not by simple agreement. Support is the child’s right; courts will reject waivers, though modest guideline deviations with written findings are possible where justified.
What if my spouse and I agree on everything?
Then an uncontested divorce with a complete parenting plan can move quickly — often one to three months — while still meeting every child-related requirement.
Your Children Get One Childhood
The parenting plan you sign will govern it. With more than 89 years of combined experience, our team helps Brevard parents get these documents right the first time. Call (321) 529-7777 or contact us online for a free 30-minute consultation.