The Best Interests of the Child Control

Florida Statutes section 61.13 makes the child's best interests the primary consideration in parenting and time-sharing decisions. The law currently creates a rebuttable presumption that equal time-sharing is in a minor child's best interests unless the parents agree otherwise or another part of the statute applies. Equal time-sharing is not automatic: a parent may rebut the presumption by proving, by a preponderance of the evidence, that equal time-sharing is not in the child's best interests.

When the parents do not reach an approved agreement, the court must evaluate the statutory factors and make specific written findings when creating or modifying the schedule. Those factors examine the particular child and family, including stability, developmental needs, geography, each parent's involvement, ability to encourage the child's relationship with the other parent, school and community record, safety, domestic violence, substance abuse, and other relevant facts.

Read Florida Statutes section 61.13 and the firm's guide to the Florida best-interests factors.

The Correct Court Process Depends on the Parents' Legal Status

Child Born During a Marriage

Parenting issues involving a child of a marriage are commonly addressed in a dissolution-of-marriage case or another Chapter 61 family-law proceeding. The requested parenting plan should state how parental responsibility, regular time-sharing, holidays, school breaks, transportation, communication, health care, school decisions, and exchanges will work.

Unmarried Parents and Paternity

For unmarried parents, the first question is whether legal paternity has been established. A signed acknowledgment, administrative determination, or court judgment may establish paternity, but Florida Statutes section 742.10 separately requires parental responsibility, child support, a parenting plan, and a time-sharing schedule to be established in an action under section 742.011. A birth certificate or child-support matter should not be assumed to contain an enforceable schedule.

In a paternity case, a parent may ask the circuit court to determine paternity when necessary and to establish parental responsibility, child support, a parenting plan, and time-sharing. If a paternity judgment includes support but no parenting plan or time-sharing schedule, section 742.031 addresses who has time-sharing and parental responsibility until further relief is obtained.

See section 742.011, section 742.031, and section 742.10.

Can the Other Party Pay My Attorney Fees?

In a proceeding under Florida Statutes Chapter 61, the court may order one party to pay a reasonable amount toward the other party's attorney fees, suit money, and costs after considering the financial resources of both parties. The statute covers maintaining or defending the case and expressly includes enforcement and modification proceedings and appeals. In practice, the request commonly focuses on one party's financial need and the other party's ability to pay, but an award is discretionary rather than automatic.

The seminal section 61.16 decision is Rosen v. Rosen, 696 So. 2d 697, 699–701 (Fla. 1997). Rosen explains that need and ability to pay are the primary considerations but are not exclusive. A court may also consider circumstances such as the scope and history of the litigation, the merits of the parties' positions, and whether litigation was used to harass, frustrate, or stall. The prevailing-party standard does not control an ordinary section 61.16 request.

A separate and narrower doctrine appears in Moakley v. Smallwood, 826 So. 2d 221, 226–27 (Fla. 2002). Moakley recognizes a court's inherent authority to impose attorney fees for bad-faith litigation conduct. That authority must be used cautiously: the court must provide due process, make an express finding of bad faith supported by detailed factual findings identifying the specific misconduct, and limit the award to fees caused by that misconduct. A mere adverse ruling, ordinary disagreement, or unsupported accusation of bad faith is not enough.

Paternity cases have a parallel provision. Florida Statutes section 742.045 permits the court, after considering both parties' financial resources, to order a party to pay a reasonable amount for attorney fees, suit money, and costs in a Chapter 742 proceeding, including enforcement and modification matters.

See Florida Statutes section 61.16 and Florida Statutes section 742.045.

Limited-Scope Help Without Full Representation

Are you representing yourself but need legal advice? Is full representation outside your budget? Do you have a relatively straightforward issue and want help with one part of the case? Limited-scope, or unbundled, legal services may provide a middle ground between handling everything alone and hiring an attorney for the entire case.

Depending on the matter, limited help may include reviewing a parenting plan or proposed agreement, explaining forms and procedure, drafting or reviewing a motion, identifying evidence related to the best-interests factors, preparing for mediation or a hearing, reviewing a child-support calculation, or providing a focused strategy consultation. The client remains responsible for every part of the case outside the agreed scope.

Limited-scope service is not appropriate for every situation. Emergencies, domestic-violence or safety concerns, disputed evidence, complex financial issues, interstate jurisdiction, relocation, or a highly contested hearing may require broader representation. The attorney and client should define the work and responsibilities clearly in writing before services begin.

Learn more about Florida unbundled legal services or schedule a consultation to discuss whether limited-scope assistance fits your case.

How Do I Change an Existing Parenting Plan?

A parenting plan or time-sharing schedule does not automatically change when a parent's circumstances change. Section 61.13 generally requires proof of a substantial and material change in circumstances and a finding that the requested modification is in the child's best interests.

The existing order, the reason for the requested change, and evidence tied to the best-interests factors matter. Parents considering modification should preserve calendars, relevant communications, and applicable school, medical, travel, or safety records. Florida Courts provides an approved supplemental petition for modification among its family-law forms.

Florida Child Support Guidelines

Florida child support is calculated under the guidelines in section 61.30. The calculation starts with each parent's monthly income, subtracts allowable deductions to determine net income, combines the parents' net incomes, and applies the statutory schedule based on the number of children. Each parent's percentage share of combined net income is then used in the calculation.

Health-insurance costs, noncovered health expenses, child-care costs, and the parenting schedule may affect the final amount. When each parent exercises at least 20 percent of the annual overnights, the statute provides a time-sharing adjustment. Equal time-sharing does not automatically eliminate child support because the parents may have different incomes and child-related expenses.

Review the current Florida child support guidelines in section 61.30, or use the firm's Florida Child Support Calculator for an estimate based on gross income, taxes, deductions, child expenses, and overnights.

What If the Other Parent Will Not Follow the Plan?

A valid court order can be enforced through the court; an informal arrangement may first need to be made part of an order. Keep the signed order and a factual record of missed exchanges, denied time, messages, dates, and reasonable efforts to follow the plan. Avoid withholding child support because time-sharing was denied, or withholding time-sharing because support was not paid—section 61.13 treats those as separate obligations.

When a parent refuses to honor the time-sharing schedule without proper cause, section 61.13 requires makeup time-sharing and permits additional remedies. Depending on the facts, the court may award enforcement costs and attorney fees, order a parenting course or community service, modify the plan when legally justified and in the child's best interests, impose other reasonable sanctions, or use contempt remedies.

In Lett v. Lett, Case No. 5D2024-1416 (Fla. 5th DCA Apr. 4, 2025), the Fifth District affirmed an attorney-fee award after persistent, unjustified interference with court-ordered time-sharing. The court held that section 61.13(4)(c)2 authorizes fees based on the offending parent's unjustified conduct and does not require the nonoffending parent to prove financial need under section 61.16. The decision followed Robinson-Wilson v. Wilson, 932 So. 2d 330, 331 (Fla. 4th DCA 2006), which likewise held that wrongful interference with time-sharing can support enforcement fees without considering the nonoffending parent's financial resources.

Contempt still requires a sufficiently clear order and proof supporting willful noncompliance. A fee request should identify its legal basis and the fees actually caused by the violation; an award is not automatic merely because one party alleges that an order was violated.

Bring the current order and violation record to a consultation. Related information is available on the Naples divorce attorney page and in Florida Family Law Answers. You may also schedule a consultation.