What is the Florida Statute for Child Custody in Florida?

Florida Statute 61.13 is a comprehensive statute that largely governs what a Judge is required to follow when making child custody determinations. As discussed later in these FAQs, the statute contains multiple factors that the Court is supposed to follow when addressing child custody issues.

Florida Statute 61.13 also contains Florida’s public policy pertaining to each parent’s right to be involved with their children following divorce. That statute states: “It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.” Florida State 61.13(2)(c)(1).

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