Child Custody Attorney in Orlando, Florida

When you’re facing a child custody dispute in Orlando, Florida, having an experienced and compassionate attorney by your side can make all the difference. At Reese Legal, we understand the emotional and legal challenges involved in family law matters. 

Attorney Michael Reese is committed to protecting your parental rights while prioritizing the best interests of your child. With extensive knowledge of Florida’s custody laws, we offer personalized legal strategies tailored to your family's unique situation. Let us guide you through this challenging time with professionalism and unwavering support.

How Is Child Custody Determined in Florida?

Florida law divides child custody into two main areas:

1. Parental responsibility:
   This refers to the right and responsibility of a parent to make important decisions regarding a child's welfare, such as those relating to education, healthcare, and religion. Parental responsibility can be shared between both parents or sole with one parent. In Florida, the law favors shared parental responsibility unless there are factors suggesting that joint decision-making would be detrimental to the child.
   

2. Time-sharing:
   This refers to the physical time a child spends with each parent. Time-sharing arrangements can vary significantly, depending on the specifics of the case and the parent’s ability to co-parent effectively. The law encourages both parents to be involved in the child’s life, with time-sharing agreements reflecting that objective. Time-sharing can be equally shared or otherwise structured, depending on the circumstances.

With these two areas in mind, the court will evaluate child custody based on key principles. The goal is to determine the best possible arrangement for the child's well-being.

Overview of Florida Child Custody Law

Familiarizing yourself with the aspects of Florida child custody law is vital for parents who want to effectively work through custody disputes.

1. Best Interests of the Child

The guiding principle in Florida child custody cases is the best interests of the child. Section 61.13 of the Florida Statutes outlines the factors that a judge must consider when determining what custody and time-sharing arrangement is in the best interest of a child. These factors include:

• The capacity of each parent to provide for the child’s needs: This includes both emotional and physical needs such as the ability to meet basic living requirements, provide for the child's education, and address any health or emotional challenges.

• The mental and physical health of each parent: A parent’s ability to care for the child may be affected by mental or physical health conditions. Courts consider whether a parent has a history of substance abuse or psychological issues that may hinder their ability to care for the child.

• The child’s relationship with each parent: Courts will assess how strong a bond exists between the child and each parent. If one parent has been the primary caregiver, that relationship may carry significant weight in custody decisions.

• The child’s preference: Depending on the child’s age and maturity, their preference may be considered. In Florida, children over the age of 12 are given a presumption that they're mature enough to express their preferences about time-sharing, though the court isn't obligated to follow the child’s wishes.

• The ability of each parent to facilitate a relationship with the other parent: Courts often look at how willing a parent is to cooperate with the other parent in fostering a healthy relationship with the child. A parent who attempts to alienate the child from the other parent can be penalized in custody decisions.

• The stability of the home environment: Stability in a parent’s living situation and the child’s ability to maintain a stable environment is considered crucial in making custody decisions.

• Any history of domestic violence or abuse: Any past incidents of abuse or neglect, whether by a parent or a household member, will heavily influence the court’s decision. A history of domestic violence can lead to restrictions on time-sharing or parental responsibility.

Once the best interests of the child are established as the primary guiding principle in custody decisions, the next step is understanding how different custody arrangements can impact a child's well-being and upbringing.

2. Shared Parental Responsibility vs. Sole Parental Responsibility

In Florida, the court strongly favors shared parental responsibility, meaning both parents typically retain the right to make significant decisions about their child's life. However, if one parent can prove that shared responsibility would be detrimental to the child, the court may award sole parental responsibility to one parent.

• Shared parental responsibility: This arrangement means both parents have an equal say in major decisions regarding their child’s upbringing, including education, healthcare, and religion. Shared parental responsibility doesn't necessarily mean equal time-sharing but helps to make sure both parents are involved in significant decisions.

• Sole parental responsibility: In cases where shared parental responsibility isn't in the child’s best interest, one parent may be granted sole responsibility. This could happen in cases of abuse, neglect, or situations where the parents are incapable of cooperating in decision-making.

When the responsibilities of each parent are determined, creating fair and effective time-sharing arrangements is the next step.

3. Time-Sharing Arrangements

Time-sharing refers to the actual physical custody or visitation of a child. Florida law allows for various types of time-sharing arrangements, ranging from equal time-sharing to sole custody with limited visitation rights. 

The goal of time-sharing is to allow children to maintain strong relationships with both parents, unless there are factors that suggest otherwise.

Some of the most common time-sharing arrangements in Florida include:

• Equal time-sharing: Both parents share an approximately equal amount of time with the child. This arrangement can be beneficial in situations where the parents live near each other, communicate well, and can work cooperatively in raising the child.

• Primary residential parent: One parent may have the child for a majority of the time, with the other parent having scheduled visitation. In these cases, the child will live primarily with one parent, but the non-custodial parent will have visitation rights.

• Supervised visitation: In situations where there's concern for the child’s safety, such as in cases of abuse or neglect, the court may order supervised visitation. This helps make sure that the parent’s interaction with the child is monitored by a third party, such as a relative, social worker, or professional supervisor.

Ultimately, a well-structured time-sharing arrangement is key to fostering a stable, supportive environment for the child, allowing both parents to remain actively involved in their child's life while promoting their overall well-being.

Modification of Custody Orders

In Florida, child custody arrangements aren't set in stone. Either parent can petition the court to modify the existing custody or time-sharing arrangement if there has been a significant change in circumstances. The court will again apply the “best interests of the child” standard when evaluating a request for modification.

Some common reasons for modification include:

• One parent moves out of state or a significant distance away.

• A parent’s health changes significantly, making them unable to care for the child as before.

• There's evidence of abuse or neglect that wasn't present at the time of the original custody order.

• A change in the child’s needs or preferences, especially as they grow older.

Parental Relocation

If a parent plans to move a significant distance away with the child, Florida law requires them to notify the other parent and seek court approval for the relocation. If the non-relocating parent objects, the court will decide whether the relocation is in the child’s best interest. Factors considered in these cases include the child’s relationship with both parents, the reasons for the move, and the potential impact on the child’s life.

Parental Alienation and Custody

Parental alienation occurs when one parent undermines or sabotages the relationship between the child and the other parent. Courts in Florida take parental alienation seriously and may impose sanctions, restrict time-sharing, or even modify custody arrangements if alienation is proven. 

Evidence of parental alienation can include one parent constantly bad-mouthing the other parent, interfering with time-sharing, or preventing the child from having contact with the other parent.

Enforcement of Custody and Time-Sharing Orders

If a parent fails to comply with a court-ordered time-sharing schedule or parental responsibility arrangement, the other parent can file a motion for enforcement with the court. In Florida, failure to comply with custody orders can result in penalties, including contempt of court, modification of custody, or in extreme cases, loss of time-sharing privileges.

Child custody law in Florida is complicated, with a strong emphasis on the best interests of the child. However, there are several legal factors that a court must consider when determining custody and time-sharing arrangements. This is why working with an experienced child custody attorney is essential.