Legal Information: Florida


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March 3, 2022

Who can get custody (sole/shared parental responsibility) of a child?

Generally, both parents can get sole/shared parental responsibility and time-sharing in Florida.  The court will not show a preference for the mother over the father.  It is the public policy in Florida to assure that children have frequent and continuing contact with both parents and that both parents should be encouraged to share the rights and responsibilities and joys of child rearing.  Unless the court determines that it would be harmful to the child, the court will order shared parental responsibility and will order both parents to spend as much time as possible with the child(ren).1 

Note:  A member of the child’s extended family may be granted temporary or concurrent custody of a child but only under limited circumstances. For more information, see I am a member of the child’s extended family (grandparent, sibling, etc.). Can I get temporary custody of the child?

1 F.S.A. § 61.13(2)(c)(1)

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