Florida Child Custody

The concept of child custody was abolished in divorce in Florida in October of 2008. The concepts of Custody, Primary Residential Care and Secondary Residential Care have been replaced with the concept of Parenting Plans and Time-Sharing.

Parenting Plans are some of the most challenging and difficult aspects of a divorce case. The parents must work through or litigate who the children will live with most of the time; and it can be a terrifying, frustrating and demanding process.

The Parenting Plan is a document that governs the way the parents relate to one another about the decisions made regarding children.  The plan includes a time-sharing schedule that dictates when the children will be spending time with each parent, including overnights, weekends and holidays and summer breaks. Also included is how often and the method of technologies that the parents will use to communicate with the children. If a Parenting Plan can be developed and agreed to by the parents then it only needs Court approval to become binding. However, if the parents cannot agree, the schedule will be established by the Court’s determination.

Shared Parental Responsibility is the legal presumption in Florida. The Court feels that both parents should be actively involved in their children’s lives, education, religious upbringing, health and welfare. The Court will grant Shared Parental Responsibility unless one parent is truly unfit. Otherwise, both parents will work together jointly raising their children.

The Best Interest of the Minor Child is the bottom line standard that the Courts consider in making parenting plan determinations. The Judge has wide leeway in making a decision as to what is in the best interest of the children.  Many parents get caught up in what “they want and need,” and forget that the Court only is concerned with what is in the Best Interest of their children.

We have worked with hundreds of clients and we empathize with what you are going through, what you are feeling, and what you want for you and your children. We have experience that gives us the ability to emphasis the facts, evidence and testimony to give you the best possible chance to prevail in your legal battle.