How Can I Get Full Custody in a Florida Divorce?

 Posted on August 11, 2025 in Child Custody

In Florida, parents going through divorce often want to know how they can get "full custody" of their child. Sometimes, it is because the other parent is uninvolved or unpredictable. Other times, it is because the child has special needs, or one parent is more equipped to provide day-to-day care. 

No matter the reason, it is important to understand that Florida divorce and family law no longer uses the term "custody," and that obtaining full decision-making authority or majority time-sharing requires strong evidence and careful legal strategy.

Florida’s family law system is designed to prioritize the best interests of the child. Courts begin with the assumption that children benefit from having a strong, ongoing relationship with both parents. That means full parental responsibility or sole time-sharing will only be awarded if it clearly serves the child’s well-being, and if the parent requesting it can show why shared responsibility is not appropriate. Our Miami family lawyers can help you make that argument. 

What Does "Full Custody" Really Mean in Florida?

Since the 2008 changes to Florida Statutes, the law no longer refers to "custody." Instead, it uses the terms "parental responsibility" and "time-sharing." Parental responsibility refers to a parent’s right to make important decisions about the child’s education, healthcare, religion, and other major matters. This can be shared or assigned solely to one parent.

Time-sharing refers to the schedule of when each parent has physical time with the child. In most cases, the Court favors substantial time-sharing with both parents, but the exact arrangement varies depending on the facts of the case.

When people say they want "full custody," they usually mean one or both of the following: sole parental responsibility, where only one parent makes the major decisions, or majority or exclusive time-sharing, where the child primarily lives with one parent and the other parent has limited or supervised visits.

When Will a Florida Court Grant Full Custody?

Courts do not grant full custody lightly. A parent seeking sole responsibility or primary time-sharing must show that such an arrangement is in the best interests of the child. Florida law provides a list of factors under Florida Statutes § 61.13, which includes:

• Each parent’s proven ability to act in the child’s best interests

• Each parent’s ability to provide a stable, safe, and nurturing environment

• The child’s mental, physical, and emotional needs

• Any evidence of domestic violence, substance abuse, or neglect

• Each parent’s ability to honor the time-sharing schedule and foster a relationship with the other parent

In serious cases, such as when one parent has a history of abuse, severe addiction, or abandonment, the court may restrict or eliminate that parent’s rights. Supervised visitation may also be ordered if the child would be at risk otherwise.

Proving Your Case in a Florida Custody Dispute

If you believe full custody is necessary, you must be prepared to present evidence. General complaints about the other parent’s personality or disagreements about parenting styles are not enough. Courts expect to see documentation of any police reports or restraining orders, medical or psychological evaluations, records of missed parenting time or inconsistent behavior, or other proof that one parent is not capable of serving the child’s best interests.
If you are asking for full custody, it is also important to show that you are capable of meeting the child’s needs consistently and constructively. Courts look for parents who are child-focused and willing to make decisions based on what benefits the child, not what punishes the other parent.

Contact a Miami, FL Family Law Attorney

If you are going through a divorce and believe full custody is necessary to protect your child’s best interests, contact a Miami, FL family law attorney at Miami Family Law Group, PLLC. We are committed to helping families solve problems and safeguard what matters most. Call 305-520-7874 to schedule a consultation.