Whether you’re contemplating divorce or looking to modify an existing child custody arrangement in Orlando, FL, our team at Law Office Of Paulette Hamilton Divorce Lawyers is here to help. Call our experienced Orlando child custody lawyer at (407) 420-2311 to schedule a free case evaluation today.
Families across central Florida have trusted us to help them resolve complex family law matters since we opened our law firm. Between us, our legal team has over 15 years of experience helping families like yours reach the best possible solutions.
Now, we’re here to put our experience and knowledge to work for you.
Why Call the Law Office Of Paulette Hamilton Divorce Lawyers for Help With My Child Custody Case in Orlando?
Your children mean the world to you. It’s not entirely surprising that disputes over child custody are extremely common. That doesn’t make them any less complex. In fact, child custody is one of the most hotly contested issues a family can face.
If you’re in the midst of a dispute over child custody, call our Orlando divorce attorneys at Law Office Of Paulette Hamilton Divorce Lawyers
When you hire us, you’ll have an attorney to:
- Ensure you understand the entire legal process
- Facilitate mediation between you and your co-parent
- Collect evidence and help you reach an agreement with your co-parent
- Represent you at all hearings and present your case in court if necessary
- Help with modification of an existing child custody order or visitation plan
Contact our Orlando family lawyers today to learn more about how we can help.
Overview of Florida Child Custody Laws
First of all, note that the phrase “child custody” isn’t actually used in Florida. Florida courts refer to child custody as “time-sharing” rights or shared parenting. Of course, the concept is the same.
In Florida, there are two primary types of child custody, including:
- Legal custody, which is the right to make important decisions about your child’s life
- Physical custody, which is the right to spend time with your child
Family courts in Florida begin with the rebuttable presumption that two parents should have equal time-sharing or joint custody.
Legal Custody in Florida
Parents in Florida can share legal custody, or one parent can be the child’s sole legal custodian.
A parent with legal custody has the authority to make decisions about the child’s:
- Medical care
- Religious upbringing
- Education
- Extracurricular activities
Even when two parents share decision-making authority, one parent is typically given the right to make a final decision.
Physical Custody in Florida
Again, two parents can share joint physical custody, or one parent can be awarded sole custody. Typically, one parent will have primary custody of the child, and the other parent will have visitation rights.
Parents have significant leeway when it comes to establishing a parenting plan or time-sharing plan.
What Factors Are Considered When Resolving Child Custody Matters in Orlando?
The public policy in Florida favors dividing parenting rights and responsibilities equally between two co-parents. Still, the child’s safety and wellbeing are more important than a parent’s rights. When it comes to child custody, all decisions are to be made based on the best interests of the child.
Family judges can consider many different factors when they’re evaluating whether a custody agreement is in the child’s best interests, including:
- Each parent’s capacity to facilitate and encourage a close parent-child relationship
- Each parent’s ability to respect the time-sharing agreement and be reasonable about necessary changes
- The mental and physical health of each parent
- Each parent’s role in the child’s life prior to divorce
- The work responsibilities of each parent, considering their flexibility and limitations
- Whether each parent will be able to maintain a consistent routine for the child
- The child’s school, home, and community history
- The permanence of each parent’s proposed home
- The desirability of maintaining continuity for the child
- Each parent’s knowledge about the child’s life, including friends, teachers, daily activities, medical care, etc.
- The reasonable wishes of the child if the court determines that the child demonstrates “sufficient intelligence, understanding, and experience to express a preference.”
- Any history of domestic violence, child abuse, or child abandonment
- Any history of alcohol or drug use
- Each parent’s ability to meet the child’s developmental needs
- The extent to which one parent expects someone else to perform their parental responsibilities, such as a babysitter, nanny, or daycare center
- The geographic feasibility of a proposed parenting plan
- Any other factor that the court deems relevant to developing a parenting plan
It’s important to note that even when two parents reach an agreement about child custody and parenting time, the courts will only approve it if it is in the child’s best interests.
Who Determines Child Custody and Parenting Time in Orlando?
Parents who share custody in Orlando must form a parenting plan. The parenting plan will contain information about the child’s day-to-day schedule, holiday visitation, and summer visitation.
The finalized plan will contain details about:
- How the parents’ physical custody arrangement will work
- Who has the right to make day-to-day decisions about the child
- The parents’ agreement about legal decision-making authority
Two parents can work together to form an agreement that works for the family as a whole. When two parents cannot agree on a parenting plan, the family courts will step in and make the decisions.
How Do Time-Sharing Agreements Work in Florida?
Parents have flexibility in designing parenting plans and time-sharing agreements. Ultimately, the goal is to ensure that the child maintains a strong relationship with each parent, even after a divorce.
Parents may choose a weekly exchange, where the child is with each parent every other week. Others prefer to structure parenting time so that the child is with one parent on two weeknights and alternating weekends.
Some parents choose a more standard agreement, where one parent has primary physical custody of the child, and the child visits the other parent on alternating weekends. When two parents live further apart, it’s common for the child to visit the non-custodial parent on school vacations.
The schedule should reflect the reality of your family’s life, considering the child’s school and extracurricular needs, along with each parent’s work schedule. In reality, it’s often difficult for two parents to reach an agreement about parenting time.
An experienced Orlando child custody attorney can help. Our attorneys at Law Office Of Paulette Hamilton Divorce Lawyers, have years of experience facilitating mediation. We have the tools to help you and your co-parent reach the most favorable solution possible for your family.
Can Existing Child Custody Orders Be Modified in Florida?
In the end, the court will ultimately finalize a parenting plan as a part of your child custody agreement. Once that order is final, both parties must adhere to its terms. Of course, that’s not always possible.
Under Florida law, you can modify an existing child support order upon showing a “substantial and material” change in circumstances.
For example, you may wish to modify an existing arrangement if:
- One parent must relocate for work
- One parent refuses to comply with the existing terms of the agreement
- One parent has become abusive, violent or fails to provide proper care while the child is under their watch
- The child’s needs have changed over time
The parent who is requesting the modification must present their case before a judge. Ultimately, the judge will review the facts and determine whether the requested modification is in the child’s best interests. The child’s well-being will always be the primary consideration when determining whether to grant the modification request.
What Happens if My Child’s Other Parent Violates the Court’s Child Custody Order?
Like every other state, Florida operates under the Uniform Child Custody Jurisdiction and Enforcement Act. That means family courts in all states must enforce a child custody order once it is finalized.
When it comes to enforcing child custody orders, courts have broad discretion. They can hold the non-compliant parent in contempt of court. The court can also decide to modify the existing agreement.
Regardless of the facts, if your co-parent refuses to comply with your child custody agreement, call our child custody lawyers in Orlando. We can take steps to help you.
What is Parental Alienation?
Parental alienation occurs when one parent takes steps to damage the child’s relationship with the other parent. That can include name-calling, gossip, or inappropriately discussing details of the failed relationship with the child.
Because the courts favor maintaining a positive relationship between the child and each of their parents, parental alienation can be grounds to have an existing order modified.
Contact an Experienced Orlando Child Custody Lawyer for a Free Case Evaluation Today
Child custody matters can be extremely complicated. It’s important to have an experienced Orlando child custody lawyer by your side at every stage. Contact the Law Office Of Paulette Hamilton Divorce Lawyers to learn how our attorneys can help your family.
