2008 Changes to Florida’s Child Custody Laws

On October 1, 2008, Florida’s new child custody laws went into effect. The state removed the terms “primary residential parent,” “secondary residential parent,” “custodial” and “non-custodial parent” from the laws and replaced them simply with the words “parent,” “mother” and “father.” The legislature made these changes because it believed the previous language minimized the role of the non-custodial parent in the child’s life.

Under the new laws, parents are required to develop a comprehensive parenting plan that discusses how each parent will be responsible for day-to-day decisions in the child’s life, as well as the more major decisions, such as education and religion. The parenting plan also must come up with a detailed time-sharing schedule, showing which days and which times each parent shall have with the child, including holidays, school breaks and birthdays.

Developing a Sound Parenting Plan

There is no one-size-fits-all parenting plan. Each plan must be developed according to the particular family’s situation. At a minimum, the parenting plan must contain the following provisions:

Time-Sharing Schedule
• Who will have the child at what specific times during each day of the week, weekends and nights?
• How will each holiday, birthday and school break, including summer vacation, be divided?
• What will happen if a parent misses a scheduled day — can the time be rescheduled?
• What type of notice is necessary to make changes in the time-sharing schedule? Is oral notice sufficient, or must it be in writing?

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