Florida Divorce with Children
Everything you need to know about divorce with children in Florida — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.
Types of Custody in Florida
Legal Custody
The right to make major decisions about your child's education, healthcare, religion, and welfare.
Physical Custody
Determines where the child lives on a day-to-day basis and the parenting time schedule.
"Best Interests of the Child" Factors
Florida courts consider multiple factors when determining custody arrangements:
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Divorce.ai helps you build a comprehensive parenting plan that meets Florida court requirements.
Child Support in Florida
Florida uses the Income Shares Model under Florida Statutes Section 61.30. Both parents' net monthly incomes are combined and matched to a statutory guidelines chart that determines the basic support obligation based on combined income and number of children. Each parent pays their proportional share based on their percentage of combined income. A time-sharing adjustment applies when a parent exercises at least 20% of overnights per year (73+ overnights), multiplying the obligation by 1.5 and adjusting based on overnight percentages. For combined monthly income exceeding $10,000, graduated percentages of 5.0%-12.5% (based on number of children) apply to income above the threshold. Modifications require at least a 15% or $50 difference (whichever is greater) from the existing obligation.
Official Florida child support calculator →Factors Considered
Additional Forms Required (Children)
| Form | Name |
|---|---|
| 12.901(b)(2) | Petition for Dissolution of Marriage with Dependent or Minor Children |
| 12.995(a) | Parenting Plan |
| 12.902(e) | Child Support Guidelines Worksheet |
Mandatory Parenting Course
Florida requires both parents to complete a parenting education course when filing for divorce with minor children.
Mandatory for ALL cases involving minor children under 18 (Florida Statutes Section 61.21). Both parents must complete a minimum 4-hour Parent Education and Family Stabilization Course approved by the Florida Department of Children and Families (DCF). The petitioner must complete the course within 45 days of filing; the respondent within 45 days of being served. The case cannot be finalized until both parents provide proof of completion. Online courses available statewide. Fee ranges from $25-$75 per person depending on provider.
Typical cost: $50
Protect your children through the process
Divorce.ai helps you create a child-focused parenting plan and prepares all custody-related Florida forms.
What Goes in a Parenting Plan?
A comprehensive parenting plan should cover:
Regular Parenting Schedule
Week-by-week schedule of where the child lives and when transitions occur.
Holiday & Vacation Schedule
How holidays, school breaks, and vacation time are divided between parents.
Decision-Making Authority
Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.
Communication Rules
How the child communicates with the non-custodial parent (phone, video calls, etc.).
Transportation & Exchange
Who handles pickups/dropoffs and where exchanges occur.
Dispute Resolution
How disagreements about the parenting plan will be resolved (mediation first, then court).
Relocation Rules
Notice requirements and procedure if either parent wants to move.
Tips for Protecting Your Children During Divorce
Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.
Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.
Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.
Consider counseling. A child therapist can help children process their emotions during this time.