Florida Uses "Time-Sharing" — Not "Custody"
If you’re searching for answers about “summer custody,” you’re not alone — but Florida doesn’t use that word.
Under Florida law, “custody” has been replaced entirely by two concepts:
- Time-sharing — the overnights your child spends with each parent.
- Parental responsibility — decision-making authority over things like education, healthcare, and extracurricular activities.
This isn’t just a technicality. It reflects how Florida courts actually think about your case. There’s no “custodial parent” and “visiting parent.” Both parents share time and responsibility, and the court’s job is to figure out the schedule that works best for your child.
When you see “custody” in this article or in a Google search, know that what we’re really talking about is time-sharing.
The Equal Time-Sharing Presumption and What It Means for Summer
You may have heard that Florida passed a “new custody law.” Here’s what actually happened.
As of July 1, 2023, Florida law includes a rebuttable presumption of equal time-sharing (Fla. Stat. § 61.13). The starting point is 50/50 — but it’s not automatic.
In practice, this was already the direction most courts were heading before the statute was written. The law just put it on paper.
But there’s a big word in that legal phrase: rebuttable. If one parent can show that equal time-sharing isn’t in the child’s best interest, the presumption goes away.
When Might a Judge Deviate From Equal Time?
- A parent isn’t actively engaged in the child’s life. If you haven’t been showing up, the court isn’t going to hand you 50% of the time just because a statute says so.
- The parents live far apart. Equal time-sharing with a school-age child doesn’t work when one parent is two hours away — unless the child is homeschooled.
- There are substance abuse issues or supervised contact requirements. Safety comes first.
The bottom line: There is no one-size-fits-all schedule in Florida. Each family is evaluated based on the facts of their case, the parents’ schedules, and what’s in the best interest of the children.
How Summer Changes Your Time-Sharing Schedule
Here’s where it gets family-specific. Summer time-sharing looks different depending on whether you already have a Parenting Plan — and what that plan says.
If You Already Have a Parenting Plan
Some Parenting Plans treat summer the same as the school year. Others carve out summer breaks with a completely different schedule. Some do a combination. It all depends on the case and the parties.
Common summer arrangements include:
- Alternating weeks: Week-on, week-off throughout the summer.
- Monthly blocks: One parent has the child for June, the other for July.
- Extended visits: One parent gets a longer uninterrupted stretch (common in long-distance Parenting Plans).
- Shared summer holidays: July 4th might alternate each year, or each parent always gets the same holiday.
Your Parenting Plan should address all of this. If it doesn’t, that’s a problem you want to fix before summer starts — not during it.
If Your Case Is Still Open
If you’re in the middle of a divorce or paternity case and summer is approaching, you need a plan in place. The court can enter a temporary time-sharing order, or you and the other parent can reach an agreement through mediation or negotiation.
Don’t wait until the last week of school to figure this out.
Why a Detailed Plan Matters
I always recommend that Parenting Plans include a detailed summer schedule. Even if you and your co-parent are getting along right now.
Here’s why: things change. One of you gets a new significant other, has other children, or starts a new job. Decisions that used to be easy now involve other people who may not be as flexible.
Parents who get along can always deviate from the terms of the Parenting Plan. But parents who struggle to communicate will have a default to follow.
A vague plan is a plan that leads to conflict. A detailed plan is a plan that keeps the peace.
Vacation Planning: Travel, Consent, and Avoiding Disputes
Summer means vacations, and vacations mean questions about travel — especially across state lines.
Can My Ex Stop Me from Taking My Child on Vacation?
Legally? Not usually.
But logistically, it happens all the time. Parents do withhold children, and courts take that seriously. You can be sanctioned for that behavior.
If your Parenting Plan doesn’t prohibit travel, you have the right to take your child on vacation during your time-sharing. Communication goes a long way toward preventing a fight.
Can a Parent Take a Child Out of State Without the Other Parent's Consent in Florida?
It depends on what your Parenting Plan says.
If there’s no prohibition on out-of-state travel, you can cross state lines for vacation. But you cannot relocate out of state without either the other parent’s agreement or a court order — those are two very different things (Fla. Stat. § 61.13001).
Your Parenting Plan should also address international travel, including what each parent needs to do to obtain passports, visas, or other travel documents.
What Your Parenting Plan Should Require
A good Parenting Plan spells out exactly what each parent has to provide before traveling with the child:
- Written notice of the trip, including dates, destination, and itinerary.
- A deadline for providing that information — so the non-traveling parent can make their own plans.
- Emergency contact information during the trip.
- Proof of return plans — flight confirmations, return dates, etc.
Here’s something most people don’t realize: the deadline in your Parenting Plan is there so the non-traveling parent can plan ahead. It’s not a weapon to cancel the trip if someone misses the date.
But most parents don’t read it that way — and it’s rarely explained to them when they sign the agreement.
The Golden Rule of Co-Parent Travel
Whatever you would want from the other parent — the same level of detail, the same courtesy — provide the same to them when you’re the one traveling.
Travel with your child should not be a guessing game for the other parent. Especially when the child is young, it can be a stressful situation.
Be the parent you’d want your co-parent to be.
Resolving Travel Disagreements
When parents can’t agree on a trip — the destination, the length, a missed deadline — there are a few options:
- Negotiate through attorneys: Often the fastest way to get unstuck.
- Mediation: A neutral third party helps you find common ground.
- Parent Coordinator: For post-divorce or paternity cases, a parent coordinator can help parents who struggle with decision-making and co-parenting.
- Court intervention: If none of the above works, the court will decide for you.
I always tell my clients — and the people I assist as a mediator or parent coordinator — to think about it this way:
“Pretend you’re still with the other parent. What would you agree to if you were an intact family?”
That’s what you should agree to now, unless it genuinely interferes with plans you made within your Parenting Plan deadlines.
Be reasonable. The main person suffering from conflict is your child.
New Partners, Boundaries, and the Unknowns of Co-Parenting
One of the most common questions we hear: Do I have a right to know who my ex brings around my child?
Yes and no. It depends on what your Parenting Plan says.
What the plan might include:
- Some plans are completely silent on the issue.
- Others are very specific — “no overnight guests” clauses, introduction timelines, or even background check requirements for new partners.
Regardless of what the plan says, parents should use their better judgment before introducing a child to a new significant other.
A practical tip: If you want transparency from the other parent about their relationship, be open about sharing yours. It makes things easier for everyone.
Raising children should not be a game.
When Communication Breaks Down
If conversations about new partners or other co-parenting issues are going nowhere, a parent coordinator or mediator can help. Sometimes a structured conversation with a neutral third party is what gets both parents back on the same page.
What If Your Parenting Plan Needs to Change?
Life changes. Jobs change. Kids grow up and their needs change. If your current Parenting Plan isn’t working for summer — or any other time — you have options.
Modification by Agreement
If both parents agree on changes, you can modify the Parenting Plan without going back to court. Put it in writing, sign it, and ideally have your attorneys review it to make sure it’s enforceable.
Filing a Modification Action
If you can’t agree, you’ll need to file a Supplemental Petition for Modification. Under Florida law, you’ll need to show one of the following:
- A substantial change in circumstances that would be detrimental to the child if not addressed.
- A change in distance — you now live within a certain number of miles from the child compared to when the Parenting Plan was originally created.
What changed in 2023: The change in circumstances no longer needs to be “unanticipated,” which makes it somewhat easier to demonstrate grounds for modification.
But the standard is still meaningful. You can’t file a modification simply because you changed your mind.
Additional Resources
We Can Help You Plan For Summer — And Beyond
Summer should be about making memories with your kids — not fighting over a calendar. If your Parenting Plan doesn’t address summer time-sharing, if your co-parent isn’t cooperating, or if your family’s circumstances have changed, we can help.
At Schwam-Wilcox & Associates, we’ve helped Central Florida families navigate time-sharing disputes, build Parenting Plans that actually work, and resolve co-parenting conflicts through mediation, collaboration, or litigation — whatever the situation calls for.
When you’re going through your worst, we are at our best.
Notes:
- Article based on Q&A interview with Camy B. Schwam-Wilcox.
- Florida-specific legal terminology used throughout (time-sharing, parental responsibility, dissolution of marriage).
- Equal time-sharing presumption enacted via HB 1301, effective July 1, 2023.
- “Unanticipated” requirement for modification was removed in the 2023 legislative changes.
