These are the questions Brevard County parents actually ask about custody, parenting plans, and time-sharing — answered plainly under current Florida law by The Law Office of John Vernon Moore, P.A. Each answer links to our full guide on the topic.
The Basics
Does Florida still use the word custody?
Not officially — Florida orders parental responsibility (decision-making) and a time-sharing schedule (the calendar), documented in a court-approved parenting plan. Details: parenting plans.
Is 50/50 automatic now?
Since 2023, equal time-sharing is the rebuttable legal presumption — the starting point, not a guarantee. A parent opposing 50/50 must prove it does not serve the child. Details: equal time-sharing.
Does Florida favor mothers?
No — the statute is expressly gender-neutral, and outcomes turn on the twenty best-interests factors. Details: the 20 factors.
Can my child choose which parent to live with?
At no age — preference is one maturity-weighted factor among twenty, heard through GALs and evaluators rather than testimony. Details: child preference.
Decisions and Schedules
Who decides school and medical questions after divorce?
Both parents jointly, under shared parental responsibility — with tie-breaker (ultimate) authority available for chronic deadlock. Details: shared responsibility, school disputes, medical disputes.
What happens during holidays?
The holiday schedule overrides the regular rotation — alternating years and split breaks are the standard structures, defined to the clock hour in good plans. Details: holiday time-sharing.
Can I move away with my child?
A move of 50+ miles for 60+ days requires the other parent’s written agreement or court approval — moving first is a serious mistake. Details: relocation.
What if I deploy?
Florida law protects military parents: deployment cannot be the sole basis for losing time, changes during deployment are temporary by law, and you can designate a family member to exercise your time. Details: deployment parenting.
Problems and Protections
My ex will not follow the parenting plan. What can I do?
Document the pattern and enforce: Florida courts award make-up time, attorney fees, and contempt sanctions against violators. Details: enforcement and contempt.
My child suddenly refuses to see me. What is happening?
It deserves careful diagnosis — earned estrangement and alienation campaigns look different under professional examination, and courts have remedies for the latter. Details: parental alienation.
When can custody be changed after the judgment?
On a substantial, material change in circumstances — a standard the 2023 reforms eased by removing the unanticipated requirement. Details: modification.
What if my ex is dangerous — violence, drugs, instability?
Courts respond with structure: supervised visitation, testing and treatment conditions, injunctions, and emergency orders where risk is imminent. Details: violence, substance abuse, emergency custody.
Money and Practicalities
Does 50/50 time-sharing eliminate child support?
Usually not — the guidelines adjust at 73+ overnights but still weigh both incomes, so the higher earner typically pays some support. Details: child support guidelines.
Do grandparents have visitation rights in Florida?
Almost never while parents are alive and fit — Florida is among the most restrictive states, though real alternatives exist. Details: grandparent visitation and third-party custody.
What is a guardian ad litem and will my case get one?
A court-appointed best-interests investigator, common in contested and allegation-heavy cases — and how you work with them matters enormously. Details: guardian ad litem.
Do unmarried fathers have custody rights?
Once paternity is legally established, the same framework applies — the establishment step is what unmarried fathers cannot skip. Details: paternity.
Ask Your Question Directly
Every family is its own case. Our team — with over 89 years of combined experience in Florida family law — answers these questions for real situations every day, and the first 30 minutes are free. Call (321) 529-7777 or contact us online.