What Broward County Judges Actually Look for in a Parenting Plan

If you are working through a divorce or paternity case involving children, you have probably heard the phrase “best interests of the child” more times than you can count. But what does that actually mean once you are standing in a Broward County courtroom? Judges are not guessing. Florida law gives them a specific list of factors to weigh, and understanding those factors can help you build a parenting plan that holds up.

The Statute Behind the Standard

Florida Statute 61.13 requires courts to evaluate roughly twenty factors when approving or modifying a parenting plan, all aimed at one question: what arrangement actually serves this particular child? There is no default preference for mothers or fathers built into the law. Instead, judges look at the demonstrated behavior of each parent and the practical realities of the family’s life.  There is a presumption that equal timesharing is generally proper.  This presumption can be rebutted with appropriate evidence.

So what tends to carry the most weight in practice? A few themes show up again and again in Broward County family court.

Consistency and Daily Involvement

Judges want to see which parent has actually handled the day-to-day responsibilities of raising the child. Who takes the child to doctor’s appointments? Who manages schoolwork and school communication? Who is present for the unglamorous parts of parenting, not just the fun outings? Courts tend to value a track record over good intentions stated in a courtroom.

Willingness to Support the Other Parent’s Role

This one surprises people. Florida law specifically considers each parent’s demonstrated capacity to encourage a close relationship between the child and the other parent. A parent who badmouths the other parent in front of the child, withholds time-sharing out of spite, or makes communication unnecessarily difficult can damage their own case, even if they are otherwise a capable parent.

Stability of Home, School, and Community

Judges also look closely at:

• How long the child has lived in the current home and community
• The child’s school enrollment and any disruption a change would cause
• Each parent’s housing stability and proximity to the child’s school
• The mental and physical health of each parent and the child
• Any history of domestic violence, substance abuse, or neglect

That last point deserves particular attention. Florida courts presume time-sharing is in a child’s best interest, but that presumption can be challenged when there is credible evidence of harm, and the analysis shifts quickly once those allegations enter the case.

The Child’s Own Preferences, Within Limits

Older children’s preferences may be considered, but a judge is not bound by what a child says they want. Courts weigh a child’s input against everything else in the record, particularly when there is reason to believe a parent has influenced that preference.

A Parenting Plan Has to Be Specific

Vague language creates future arguments. A workable parenting plan spells out time-sharing schedules, holiday rotations, transportation responsibilities, and how decisions about education and health care will be made. Judges in Broward County are accustomed to reviewing plans line by line, and gaps in the document tend to become disputes later.

Speak With an Attorney Before Your Hearing

Building a parenting plan that reflects how Broward County judges actually evaluate these cases takes preparation well before you walk into court. If you have questions about your own situation, we encourage you to contact Haber | Blank LLP. Our Fort Lauderdale child custody attorneys can help you understand what the court will be looking for and how to present your case clearly.

Source:

flsenate.gov/Laws/Statutes/2025/61.13