Paulette Hamilton | September 2, 2026 | Child Custody
Parents may use the terms “custodial parent” and “non-custodial parent” when talking about which parent has more time with a child. However, Florida law generally uses terms such as parental responsibility, parenting plan, and time-sharing.
These terms matter because spending more nights with a child does not always give one parent full control over major decisions. A parenting plan explains each parent’s rights and responsibilities. It also sets the time the child will spend with each parent.
Understanding these rights can help parents follow court orders, avoid conflict, and protect their relationship with their children.
What Rights Does a Custodial Parent Have?
A parent who has more time-sharing may handle many of the child’s daily needs. However, that does not necessarily mean the parent has the sole right to make major decisions.
Florida courts generally order shared parental responsibility unless the court finds it would be harmful to the child. With shared parental responsibility, both parents may have a role in important decisions.
Depending on the parenting plan, these decisions can involve:
- Education and school matters
- Medical and mental health care
- Extracurricular activities
- Other important needs of the child
The parenting plan controls each parent’s authority, so parents should review their specific court order before making major decisions.
What Rights Does a Non-Custodial Parent Have?
A parent who has less time-sharing does not automatically lose parental rights. That parent generally has the right to exercise the time-sharing provided by the parenting plan and participate in decisions when shared parental responsibility applies.
Florida law encourages children to have frequent and continuing contact with both parents after separation or divorce. Current law also generally starts with a rebuttable presumption that equal time-sharing is in the child’s best interests. A court can order a different schedule based on the child’s best interests.
The exact rights of either parent depend on the parenting plan and court orders in the case.
Do Both Parents Have a Say in Important Decisions?
Often, yes. Shared parental responsibility means parents share rights and responsibilities concerning their child. However, the court may give one parent ultimate responsibility over certain matters or divide responsibilities between the parents.
A parenting plan must address important parts of raising the child. It generally identifies responsibility for healthcare, school matters, other activities, and the time-sharing schedule.
Courts can also order sole parental responsibility when it is in the child’s best interests. Florida law requires courts to consider issues such as domestic violence, abuse, abandonment, and neglect when deciding whether shared responsibility could harm a child.
Can One Parent Refuse the Other Parent’s Time-Sharing?
Parents generally must follow the court-ordered time-sharing schedule. One parent should not deny time-sharing simply because the other parent has failed to pay child support or alimony.
Likewise, a parent cannot stop paying court-ordered support because the other parent interferes with time-sharing. Florida law treats these as separate obligations.
When a parent refuses to follow the time-sharing schedule without proper cause, a court can take action. Remedies may include awarding make-up time-sharing and, in some circumstances, ordering payment of court costs and attorney’s fees.
Can a Parent Move Away With the Child?
A parent may face legal limits when moving away with a child. Florida’s relocation law generally applies when a qualifying move changes a parent’s principal residence by at least 50 miles from the residence used for the applicable time-sharing order or pending case and lasts at least 60 consecutive days, subject to statutory exceptions
Depending on the circumstances, relocation may occur through a written agreement that meets legal requirements or through a court proceeding.
A parent should not assume that having more time-sharing gives them the right to move the child wherever they want. Relocation can affect the other parent’s time-sharing and the child’s daily life, so it is important to understand the legal requirements before moving.
Contact the Orlando Child Custody Attorneys at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
Questions about parental responsibility and time-sharing can affect your relationship with your child. Whether you have more or less parenting time, understanding your court order is important.
The Orlando child custody lawyers at Law Office Of Paulette Hamilton Divorce Lawyers can review your parenting plan, explain your rights, and discuss options for addressing custody and time-sharing concerns.
Contact us today to schedule a case evaluation and learn how our legal team can help with your Florida child custody matter.
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About the Author
Paulette F. Hamilton is the owner and managing attorney at the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, Florida. She focuses exclusively on family law, handling complex matters involving divorce, child custody, child support, alimony, and property division. Known for her personalized, client-first approach, Paulette takes the time to understand each client’s unique goals and challenges—delivering thoughtful guidance and strong advocacy when it matters most.
