Family Court in Florida: What Survivors Need to Know (Greyson's Law & Time-Sharing)

Florida family law has undergone significant changes to better protect children and survivors, most notably with the passage of "Greyson's Law" (SB 130).¹ This law, fully effective in 2025, forces the courts to consider threats and coercive control more seriously than in the past.²

Navigating the Florida system requires knowing specific terminology and statutes (Chapter 61) to ensure you don't accidentally violate a rule while trying to stay safe.

1. New Terminology: "Custody" is Gone

Florida law no longer uses the words "custody," "custodial parent," or "visitation." Using the correct terms will help you be taken seriously:

• Parental Responsibility: The right to make major decisions (education, healthcare, religion).³

  • Shared Parental Responsibility: The default. Parents must agree on decisions.⁴

  • Sole Parental Responsibility: One parent decides. You can request this if shared responsibility would be detrimental to the child (e.g., due to abuse).

• Time-Sharing: The schedule of when the child is with each parent.

• Parenting Plan: The official document governing all of the above.⁵

2. Greyson's Law & The "Detriment" Standard

Greyson's Law is the most critical protection for survivors in Florida today. It updated Florida Statute § 61.13 to mandate that courts consider:

• Evidence of domestic violence (even without a conviction).⁶

• Sexual violence, neglect, or abandonment.⁷

• Whether a parent has a "reasonable belief" that they or the child is in imminent danger.⁸

The Impact: If the court finds that Shared Parental Responsibility would be detrimental to the child (because of the factors above), it can order Sole Parental Responsibility or highly restricted time-sharing.

3. The "Rebuttable Presumption" (Statute 61.13(2)(c)2)⁹

Florida law has a strict rule for convicted abusers.¹⁰

• The Law: If a parent has been convicted of a misdemeanor of the second degree or higher involving domestic violence, there is a rebuttable presumption that Shared Parental Responsibility is detrimental to the child.¹¹

• What this means: The judge must start with the assumption that the abuser should not have decision-making power. The abuser must prove they are safe to overcome this.

• Note: Even without a conviction, you can use the factors in Greyson's Law to argue against shared responsibility.¹²

4. Injunctions for Protection (Restraining Orders)

You can file for an Injunction for Protection Against Domestic Violence at the Clerk of Court’s office.¹³

• Ex Parte (Temporary): Issued immediately without the abuser present if there is an immediate threat.¹⁴

• Final Judgment: Issued after a hearing.

• New "Coercive Control" Grounds: Thanks to Greyson's Law, you can now obtain an injunction based on a pattern of threatening or controlling behavior that makes you reasonably believe you are in danger—you do not necessarily need to show a recent physical assault.¹⁵

5. Relocation: The "50-Mile Rule"

Strict Warning: Florida Statute § 61.13001 is very strict about moving.¹⁶

• The Rule: You cannot move the child more than 50 miles from their current residence for more than 60 days without either (a) written agreement from the other parent, or (b) a court order.¹⁷

• The Danger: If you flee with the child to another city or state without filing a "Petition to Relocate," the judge can order you to return the child immediately and may hold it against you in the final ruling.¹⁸

• Safety Exception: If you are fleeing abuse, you must file a Petition to Relocate immediately. Do not just leave and hide without legal action, as this can be framed as "parental kidnapping" in civil court.

6. Mediation & Safety

Florida requires mediation in almost all family cases.

• Exemption: If there is a history of domestic violence that compromises the mediation process, you can request to be exempted (excused) from mediation.¹⁹

• Safety Protocols: If you do mediate, you have the right to request separate rooms (or separate Zoom breakout rooms) so you do not have to see or speak directly to the abuser.

Frequently Asked Questions (FAQ)

Q1: Can I record my ex-partner to prove the abuse?

STOP. Florida is a "Two-Party Consent" state (Chapter 934). It is a crime (felony) to record a private conversation (phone or in-person) without the other person's permission. Such recordings are usually inadmissible in court and can get you arrested. Stick to saving texts, voicemails, and emails.

Q2: Will the judge order 50/50 time-sharing?

It is the starting point. Florida law presumes 50/50 is best, but this presumption is rebuttable.20 You must present evidence (under Greyson's Law factors) showing that 50/50 would be detrimental to the child's safety or well-being.

Q3: Can I get free legal help?

Yes. Organizations like Florida Rural Legal Services, Bay Area Legal Services, and Legal Services of Greater Miami provide free aid to qualifying survivors. Most Clerks of Court also have a "Self-Help" department.

Q4: My ex threatened to stop paying the mortgage. What can I do?

You can file a "Motion for Temporary Support" immediately after filing for divorce. The court can order the other party to maintain the "status quo" (keep paying bills) while the case is pending.

Q5: Does "emotional abuse" count?

Yes. Under Greyson's Law, "patterns of abusive, threatening, intimidating, or controlling behavior" are now explicit grounds for Injunctions and custody determinations.21 You should document incidents of isolation, financial control, and intimidation.

Q6: What if I don't have a police report?

You can still win. Family court operates on a "preponderance of the evidence" standard (more likely than not).22 You can use medical records, photos, text messages, witness testimony, and your own sworn statement to prove the abuse.23

References & Resources

• Florida Domestic Violence Hotline: 1-800-500-1119.

• Florida Courts Help (Official Self-Help): help.flcourts.org (Download Family Law Forms).

• Department of Children and Families (DCF): myflfamilies.com/service-programs/domestic-violence.

• Legislation: Florida Statutes § 61.13 (Time-Sharing/Greyson's Law), § 741.30 (Injunctions).²⁴