When parents separate or divorce in Florida, one of the most important—and emotional—issues to resolve is child custody, legally referred to as timesharing. Contrary to what many people believe, the court doesn't automatically favor mothers or fathers. Instead, Florida courts are guided by a single guiding principle: the best interests of the child.

Under Florida Statute §61.13(3), the judge is required to consider over 20 different factors to determine what parenting arrangement supports the child's emotional, physical, mental, and developmental well-being. Here's a breakdown of what those factors include and why they matter.

1. 

Parental Willingness to Co-Parent

The court looks at whether each parent will encourage a close and ongoing relationship with the other parent. Judges want to see that you're not trying to cut the other parent out—unless there's a valid safety concern.

2. 

Division of Responsibilities

Have both parents historically participated in school meetings, doctor appointments, or extracurriculars? If one parent has done it all, that matters.

3. 

Stability and Routine

Children need predictability. Judges want to know which home will offer consistency in routines, school schedules, and overall daily life.

4. 

Geographic Considerations

If parents live far apart, the court must consider how travel will impact the child's school and social life.

5. 

Safety and Environment

The ability to provide a safe, clean, and nurturing environment is key—whether you're in a studio apartment or a five-bedroom house.

6. 

Moral Fitness

This doesn't mean the court is judging your lifestyle—it's about how your behavior affects your child. Affairs, substance abuse, or criminal behavior may be relevant if they impact parenting.

7. 

Mental and Physical Health

Both parents must be mentally and physically capable of handling the demands of raising a child. That said, having a diagnosis doesn't automatically disqualify you—it's about function and parenting impact.

8. 

Child's Preference

If the child is mature enough (usually older teens), their preference may be considered—but it's not the only factor.

9. 

Home, School, and Community Record

The court looks at how well the child is doing in their current environment. A stable school, strong support network, and familiar surroundings can tip the scales.

10. 

Parental Involvement

Who gets the kids ready for school, helps with homework, attends games or recitals? Judges often favor the parent who's been more actively involved.

11. 

Discipline and Parenting Style

Consistent and appropriate discipline matters. Harsh or inconsistent approaches can raise red flags.

12. 

Flexibility and Cooperation

Parents who can work together, be flexible, and put their child's needs above petty disputes often earn credibility with the court.

13. 

Communication Skills

Being able to respectfully communicate about your child is critical—especially if shared parental responsibility is ordered.

14. 

Substance Abuse Issues

Drug or alcohol problems—past or present—will absolutely be considered, particularly if they impact judgment or parenting ability.

15. 

Domestic Violence

Even without a conviction, allegations or documented concerns about domestic violence will weigh heavily in the court's decision.

16. 

Involvement in the Child's Life

Attending school meetings, doctor appointments, and extracurricular events signals commitment and involvement.

17. 

Support Network

Do you have family nearby? Friends who help out? A strong support system can help provide stability for the child.

18. 

Protecting the Child from Conflict

The court wants to see that you're shielding your child from legal battles and adult arguments—not pulling them into it.

19. 

Information Sharing

Are you giving the other parent access to school reports, medical info, and other key updates? Or are you gatekeeping?

20. 

Following Court Orders

If you've already shown a disregard for past court orders, that could influence how much discretion you're given moving forward.

21. 

Catch-All Provision

Finally, the court can consider any other factor that affects the child's welfare and well-being.

Bottom Line:

When it comes to timesharing, Florida courts don't make decisions based on gender, income, or who “seems like the better parent.” They evaluate every detail of your child's life and your parenting behaviors—past and present.

At Family Matters Law Group, P.A., we work with our clients to build strong, child-focused parenting plans and present compelling, fact-based cases to the court.

If you're preparing for a custody or timesharing case, we're here to guide you every step of the way.

Contact us today to schedule a consultation.