Custody Lawyers Near Me
Below are some frequently asked questions about child custody in Florida and how time-sharing matters are decided in Florida.
Divorce is an unfortunate part of life. It can be an emotionally and financially taxing life event, even more so when children are involved. I counsel and advocate for my clients throughout the decoupling process in order to help make their lives less stressful and achieve the results they seek.
Jeremy Baczkiewicz2022-10-26Roland and Kathryn are top notch lawyers in their field. Would highly recommend to anyone.
Kris Parker2022-10-19I've had the opportunity to work with this firm on several occasions, and I can say without reservation that they are a quality family law firm. The attorneys are knowledgeable, aggressive, and accessible to their clients.
Michael Pham2022-10-11Roland and Kathrine we’re both amazing I had no clue what I was doing with everything but they took the time to explain and help along this journey to be able to spend my time with my daughter thank you guys so much for everything
Johnathan Davis2022-10-07I'm still currently working with Kathryn Collier and from the very start she has gone above and beyond for my paternity case. Easy to talk to and very informative. I can garuntee from experience you will feel confident handling any issues with her by your side. If your like me and have never had to go to court for anything and are skeptical about anything you can definitely feel comfortable with Kathryn she has no problem breaking everything down and makes the process so easy. The only thing i regret is not getting in contact with her sooner. Iv also spoke to Mr.Boyd as well and he is just as informative and helpful as well. They are willing to help in any way they can and you can not go wrong with either one of them. Absolute relief letting them handle all the court matters. You can't go wrong choosing them to represent you!!!
Tim Cummings2022-10-06I’m amazed at Kathryn & Roland's insight in handling complex legal issues and grateful for their aggressive approach as well as always responding back yo me in a timely manner. I've worked with 2 family law firms before this one, they are by far the most ethical, honest and knowledgeable attorney's I've worked with to-date. They are professional, and very client service-focused. Their entire staff is amazing. If you're going through any family law issue, this is the firm to call. I would give them 10 stars if I could. Beyond being highly skilled and extremely knowledgable lawyer's Kathryn and Roland exhibit rare vesting in their clients that put you at ease about knowing that your case will be handled fully, professionally, and right the first time.
Traci Wright2021-10-20Very professional and upfront with fees. I highly recommend as they handled my case from beginning to end and kept me updated on everything they were doing and the costs involved. If I ever need legal representation again I know where I will be calling.
A Billings2020-01-23Attorney Boyd is very talented & truly exceeded my expectations! I am very grateful for his expertise & service! I highly recommend him to anyone going through divorce!
Child Custody Questions
Below are some frequently asked questions about child custody in Florida and how time-sharing matters are decided in Florida.
How is child custody determined in Florida?
The term “custody” does not appear in most Florida family law statutes, however a mother of a child born out of wedlock has sole custody of the child until the father has acknowledged paternity with the mother’s consent or until there is a court order stating the father is the legal father of the child. If the parents are married, both parents share custody unless there is a court ordered time-sharing plan in place.
Can a parenting plan be modified in Florida?
Yes. A parent may petition to modify the parenting plan if there has been a material, unanticipated, substantial change in circumstances since the time of the currently ordered parenting plan and the modification is found to be in the best interest of the child(ren).
What is joint custody vs. sole custody?
There is no longer joint custody or sole custody in Florida. Instead terms may include “majority time-sharing” or “equal time-sharing.” Both parents typically share custody, but the child custody arrangement is spelled out by a parenting plan or time-sharing agreement. These agreements can either be agreed upon by the parents or ordered by the court during a divorce or paternity case.
What is a parenting plan?
A parenting plan is a document that acts as a guide for how the parents duties will be delegated after separation, which parent is responsible for which aspect of the child’s life, and it lays out the time-sharing arrangement between the parents including holiday schedules. Parenting plans include considerations such as extra-curricular activities, schooling decisions, child care providers, contact between parents, communications between the child and parents, and traveling out of the state or country. A parenting plan is established in all paternity and dissolution of marriage cases in Florida involving minor children.
How long does it take for child custody cases to be decided in Florida?
During a divorce or paternity suit, a time-sharing schedule may be decided on a temporary basis until the final hearing, at which point a final custody schedule will be put into place. The amount of time it takes for a divorce or paternity suit to be over is dependent on how quickly a hearing can be scheduled and whether the parents are able to reach an agreement easily. If parents mostly agree, a case may only last a few months or if parents cannot see eye to eye, they may litigate a child custody case for a year or longer.
What if parents cannot agree on a parenting plan?
If parents cannot come to an agreement on their own, or through mediation, the court will order an appropriate parenting plan based on the best interest factors laid out in Florida Statute 61.13. It is always best to work together to reach an agreement, but a divorce and child custody lawyer may be needed to assist you in getting the time-sharing plan you feel is best for your child if you cannot agree with your ex.
If both parents share custody, who pays child support?
Child support is calculated using the Child Support Guidelines Worksheet laid out in Florida Statutes. The guidelines are based on the parties income, percentage of overnights spent with each parent, health insurance, daycare costs, and other uncovered medical expenses. Typically, the more time-sharing one parent has, the less child support that parent will have to pay. A family law attorney can explain how your proposed parenting plan can affect your child support obligation.
Can I refuse to allow visitation if my ex has not paid child support?
No. A parent may not prevent the parent who is failing to pay child support from their court ordered visitation schedule. If a parent refuses to honor the time-sharing agreement laid out in their parenting plan, the other parent may be entitled to additional time-sharing to make up for the missed time with the child as well as additional sanctions if the judge deems necessary.
How can I increase my chances of getting more time-sharing with my child after separation?
Just be the best parent you can be and try to analyze your situation using the 20 best interest factors considered by Florida family law judges. All 20 factors are discussed in greater detail here.
FREE FAMILY LAW CONSULTATION
Call us today if you are contemplating divorce, have already been served with dissolution paperwork, or need help settling paternity or child custody disputes.