Child Custody

When parents separate or divorce, the well-being of their children becomes the most important issue. Florida law takes the position that children benefit most when they are able to maintain strong and meaningful relationships with both parents, provided that doing so is in their best interests. Because of this, courts in Florida no longer use the term "custody" in the way that many people expect. Instead, the law focuses on "parental responsibility" and "time-sharing." While the terminology has changed, the central issue remains the same: determining how children will divide their time between parents and how important decisions will be made on their behalf.

At Adams, Luka & Benton P.A., our attorneys guide parents through this challenging process with care and knowledge of Florida family law. We understand that every family is unique, which means custody disputes cannot be resolved with a one-size-fits-all approach. Whether you are preparing for divorce, dealing with a modification request, or working to resolve a disagreement outside of court, we are here to provide experienced legal representation that keeps the focus on your child's best interests.

In the past, custody arrangements were often described in terms of "sole custody" or "joint custody." Florida has moved away from those labels to reduce conflict and encourage co-parenting. Today, courts speak in terms of time-sharing and parental responsibility. Time-sharing refers to the schedule that outlines when a child will spend time with each parent. Parental responsibility refers to the authority to make important decisions about the child's upbringing, such as education, healthcare, religion, and extracurricular activities.

Time-sharing schedules are carefully created to reflect the needs of the child while balancing the ability of each parent to care for them. In many cases, courts favor arrangements that allow both parents significant and continuing contact with their children. However, this does not always mean that time will be split evenly. The specific schedule depends on numerous factors, such as the child's age, the distance between the parents' homes, and the ability of each parent to meet the child's needs.

Parental responsibility is also addressed separately. Florida courts generally prefer "shared parental responsibility," meaning both parents are expected to collaborate when making important decisions about their child. However, if one parent has shown an inability to make sound decisions or if there are concerns about abuse, neglect, or other harmful behavior, the court may award sole decision-making authority to the other parent.

When parents cannot agree on a parenting plan, the court steps in to determine an arrangement. Florida courts are guided by Florida Statute Section 61.13(3) with the principle of what is in the "best interests of the child." This standard looks at many different aspects of a child's life and the circumstances of each parent.

Judges will consider each parent's ability to encourage a close and continuing relationship between the child and the other parent. They look at whether a parent has demonstrated a willingness to support frequent communication and visits. The stability of each parent's home environment is also taken into account, including whether the child would need to change schools or move far from familiar surroundings.

Another factor is the physical and mental health of both parents, along with their moral fitness. Courts will also examine how parental responsibilities have been divided in the past. For example, if one parent has been the primary caregiver while the other was less involved, this history may influence the court's decision.

The child's preference may also play a role if the court determines the child is old enough and mature enough to express a reasoned opinion. However, the wishes of the child are just one factor among many. Ultimately, the court aims to craft a plan that promotes long-term stability and emotional security.

In every custody case, parents are required to develop a parenting plan. This written document outlines how they will share responsibilities and time with their child. Parenting plans cover everything from weekly schedules to holiday arrangements, summer vacations, transportation, and communication methods. They also specify how decisions about the child's education, medical care, and extracurricular activities will be made.

If parents are able to reach an agreement, they can submit their parenting plan to the court for approval. If they cannot agree, the court will create one for them. Once approved, the plan has the force of a court order, meaning both parents are legally obligated to follow it. Failure to comply can result in legal consequences.

Life circumstances can change after a custody order has been put in place. A parent may move for a new job, a child's needs may shift as they grow older, or there may be changes in a parent's ability to provide proper care. In such cases, it may be necessary to seek a modification of the existing parenting plan.

Florida law requires a substantial and material change in circumstances before a court will consider modifying custody arrangements. The parent requesting the change must also demonstrate that the modification would be in the child's best interests. Examples include relocation, remarriage, significant changes in health, or evidence of substance abuse or neglect.

Our attorneys assist parents with both pursuing and contesting modifications. Because the burden of proof is significant, it is important to present a strong case supported by evidence and testimony.

One of the most common disputes in child custody cases arises when a parent wishes to relocate with the child. Florida law requires parents who plan to move more than 50 miles away for at least 60 days to obtain the consent of the other parent or court approval. Florida Statute 61.13001 covers relocation issues and this rule applies whether the parent is moving within the state or outside of it.

Relocation cases are particularly sensitive because they affect the child's ability to maintain regular contact with both parents. Courts will weigh the reason for the move, the impact on the child's education and social life, and the ability to maintain a meaningful relationship with the non-relocating parent.

Parents can reach an agreement on relocation, but if they cannot, the court must evaluate the request and decide based on the best interests of the child. Relocation disputes often involve emotional and practical complexities, making skilled legal representation essential.

Unfortunately, conflicts do not always end once a custody order is in place. Sometimes, one parent refuses to comply with the time-sharing schedule or undermines the other parent's relationship with the child. When this happens, legal action may be necessary to enforce the order.

Courts have several tools available for enforcement, including makeup time-sharing, fines, or even modifications to the parenting plan. In extreme cases, the court may consider changes to parental responsibility if one parent consistently fails to comply.

At Adams, Luka & Benton, we help parents protect their rights and ensure custody orders are respected. We also emphasize resolving disputes in ways that minimize stress for the child, recognizing that ongoing conflict can be damaging to their well-being.

Mediation is a valuable tool in many custody disputes. Florida courts often require parents to participate in mediation before proceeding to trial. Mediation provides an opportunity for parents to negotiate and resolve disagreements with the help of a neutral third party.

The process allows parents to have more control over the outcome rather than leaving the decision entirely in the hands of a judge. Agreements reached in mediation can be incorporated into the final parenting plan, offering a more tailored and less adversarial resolution.

Even when disputes are complex, mediation often helps reduce conflict and encourages cooperation, which ultimately benefits the child. Our attorneys represent clients during mediation, ensuring that their rights are protected while seeking creative solutions that address the needs of the entire family.

Custody disputes can be emotionally charged, and children often feel caught in the middle. At Adams, Luka & Benton, we place a strong emphasis on protecting children from unnecessary conflict. We encourage parents to prioritize open communication and cooperation whenever possible.

In cases involving allegations of abuse, neglect, or domestic violence, the safety of the child is the highest priority. Florida courts take these matters extremely seriously and will adjust parenting plans to protect children from harm. Our firm is experienced in presenting evidence in these sensitive cases and advocating for outcomes that safeguard children while respecting parental rights.

Navigating child custody issues in Florida can be overwhelming, but you do not have to face it alone. The attorneys at Adams, Luka & Benton are committed to guiding parents through the complexities of time-sharing, parental responsibility, and custody disputes. We understand that each family's situation is unique, and our approach is tailored to protect both your rights and your child's well-being.

Whether you are creating a parenting plan, seeking a modification to an existing custody order, dealing with relocation issues, or working to enforce a court-approved schedule, our experienced family law team provides knowledgeable, compassionate representation. We focus on practical solutions that reduce conflict and ensure that decisions are made in your child's best interests.

Our attorneys are skilled in mediation, negotiation, and litigation, giving you the support you need no matter the circumstances. We will help you navigate the legal process with clarity, protect your parental rights, and advocate for arrangements that provide stability, safety, and continuity for your child.

Contact Adams, Luka & Benton today to schedule a consultation. Let us help you take the first step toward a parenting plan or custody arrangement that is fair, legally sound, and designed to support your child's long-term well-being.