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Do more mothers win child custody cases than men in the state of Florida?

Port Charlotte, FL |
Attorney answers 3


The word "custody" is not used in Florida courts anymore. The word is now timesharing. This is because of the stigma of "winning" or " losing" associated with "custody". A child is entitled to time with his father, and time with his mother. Currently the starting point is 50/50. This often is not workable because of parental work schedules, so in the best cases parents work out a timeshare schedule that works for them. Absent other factors , you and the baby's father will work out an amicable time sharing plan or the Court will draft one for you.

** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC,, E-Mail: , Tel: (786) 501-6655


Your question is flawed. First, as the other attorney states, "custody" isn't really a legal term, though it is thrown around a lot. There is parental responsibility, which regards the decision making over the children. There is a preference for the parents to share parental responsibility. Next, there is time-sharing, that is, the division of time for caring for the children. There are many factors that affect time-sharing, none of which are mentioned here. Second, it's hard to say what "winning" would be. I don't know much about your situation, but I am skeptical to think a judge would "award" one parent sole time-sharing while giving the other parent none. The judge would likely divide time-sharing between both of you, factoring in things like that time available that each parent has, their proximity to childcare/daycare, support system, and ability to provide a stable environment. Hire an attorney to make sure that every relevant detail for your situation is addressed.

This is not to be considered legal advice nor does an attorney-client relationship exist.


I agree with the answers previously provided. The goal is not to "win" a custody battle, but to do what's best for your child. Most recent literate reflects that, in 85% of cases, children do better in life if they have a meaningful relationship with their father. The question then becomes whether the father in your case is one of the "bottom 15%" and you need to protect your child from him.

To answer your question, most courts grant the mother more time most of the time. That could mean that dad gets 5 or 6 overnights every two weeks. But, currently, unless there is something really bad going on with the father, the child is entitled to time-sharing with him.

This week, the Florida legislature is considering a law that would create a presumption that the child is entitled to equal time with both parents, subject to certain exceptions such as long-distance cases, child abuse cases, or domestic violence cases. It will be interesting to see whether the legislature adopts this measure. If so, that will have a significant impact on your case.

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