Minors Involved

Divorce is an emotionally charged and often complicated process for adults, but when minor children are involved, the challenges multiply. Children are uniquely affected by the dissolution of a marriage, and the decisions made during this time can have long-lasting impacts on their emotional and psychological well-being. At Adams, Luka & Benton P.A., our team understands the gravity of these situations. We guide parents through every aspect of family law cases involving minors, ensuring that the child’s best interests are always the priority while advocating for the rights of each parent.

In Florida, the term "custody" has been replaced with "parental responsibility" and "time-sharing." Parental responsibility refers to the authority to make major decisions about a child’s welfare, including matters related to education, healthcare, and religious upbringing. Time-sharing, on the other hand, defines when a child will spend time with each parent. Florida Statute 61.13 governs timeshare issues.

The court’s primary concern in any custody case is the child’s best interests. Judges consider a variety of factors to determine what arrangements will serve those interests. These include the parents’ ability to encourage a close and continuing relationship between the child and the other parent, each parent’s capacity to meet the child’s needs, and the child’s established living situation. Courts also take into account the mental and physical health of the parents, their moral fitness, the stability of the home and community environment, and the child’s school record. When children are old enough and mature enough to express a preference, the court may consider their wishes.

For example, if a parent has historically fostered an open, cooperative relationship and encouraged the child to spend time with the other parent, the court may view that parent favorably in time-sharing decisions. Conversely, if a parent has consistently undermined the other parent or withheld visitation, the court may take corrective measures to ensure that the child’s relationships remain balanced.

In Florida, a Parenting Plan is required in all cases involving minor children, even when time-sharing arrangements are uncontested. This plan acts as a comprehensive roadmap for co-parenting and provides structure and consistency for the child.

A Parenting Plan outlines the time-sharing schedule, designates which parent is responsible for education, healthcare, and other major decisions, and establishes methods of communication between parents. It also addresses dispute resolution procedures in case conflicts arise. Having a detailed Parenting Plan ensures that both parents understand their responsibilities and expectations, reducing conflict and providing the child with a stable routine.

For instance, a Parenting Plan might specify that the child spends weekdays with one parent and weekends with the other, with holidays and special occasions shared equitably. It may also outline how parents will communicate about school projects, medical appointments, or extracurricular activities. Clear, practical guidelines help prevent misunderstandings and provide a framework that benefits the child’s emotional stability.

Life is dynamic, and circumstances can change in ways that require adjustments to Parenting Plans or time-sharing schedules. Parents can request modifications if they can demonstrate that there has been a substantial and unforeseen change in circumstances. Examples include a parent relocating for employment, changes in the child’s needs, or shifts in the ability of a parent to fulfill their responsibilities. The preferences of the child, when of sufficient age and maturity, may also influence modifications.

Courts evaluate these requests carefully, considering whether the proposed changes genuinely serve the child’s best interests. Legal counsel is critical in these cases to present evidence effectively, ensuring that the court understands the necessity and impact of the requested modifications. For example, if a parent relocates to a city with better educational opportunities or closer proximity to supportive family members, the court may grant modifications that allow for continued meaningful contact with the non-relocating parent.

Relocation is one of the most complex and contentious issues in custody disputes. A parent seeking to move with a child must obtain either the consent of the other parent or court approval. Florida Statute 61.13001 governs relocation issues and the courts carefully evaluate relocation requests to protect the child’s interests and maintain the other parent’s right to meaningful contact.

When deciding on a relocation request, the court considers several critical factors. These include the reason for the move, the potential impact on the child’s relationship with both parents, and the feasibility of maintaining ongoing contact through travel or virtual visitation. The child’s own preferences may also be taken into account if they are mature enough to express them. Relocating without consent or court approval can result in serious legal consequences, including contempt charges and modification of custody arrangements.

For example, a parent may wish to move to another city for a job promotion. The court will weigh the benefits of the new opportunity against the impact on the child’s relationship with the other parent. If the move disrupts schooling, extracurricular activities, or the child’s social support network, the court may require a detailed plan to maintain stability, such as extended visitation during holidays or video calls to sustain the parent-child bond.

Divorce involving minor children requires careful attention to both legal and practical matters. Parents are encouraged to maintain open communication, remain consistent in routines, and prioritize the child’s well-being over personal disagreements. Documenting schedules, communication, and any incidents relevant to custody can be invaluable in court proceedings.

Parents should also avoid using children as messengers or placing them in the middle of conflicts. Doing so can negatively affect the child’s emotional health and may be viewed unfavorably by the court. Instead, direct communication between parents about parenting matters, either in writing or through structured meetings, helps maintain clarity and reduces stress for the child.

It is also essential to remain flexible when possible. Life changes, such as job shifts, school transitions, or family emergencies, may require temporary adjustments to the Parenting Plan. Demonstrating a willingness to cooperate and accommodate reasonable requests can reflect positively on a parent in the eyes of the court.

Children experience divorce differently depending on their age, temperament, and family circumstances. Younger children may struggle with feelings of insecurity or confusion, while older children may experience stress related to divided loyalties or changes in routines. Parents should seek to provide reassurance, maintain consistency, and allow children to express their emotions in safe and supportive ways.

Therapeutic support, such as counseling or family therapy, can be beneficial for children navigating the challenges of divorce. Courts often consider a parent’s efforts to support the child’s emotional health when evaluating custody arrangements. Demonstrating proactive steps to address the child’s well-being, such as arranging counseling sessions or structured co-parenting communication, can reinforce a parent’s commitment to the child’s best interests.

Adhering to court orders regarding Parenting Plans and time-sharing is critical. Noncompliance, such as withholding visitation or failing to meet agreed-upon responsibilities, can result in serious consequences. Courts may impose sanctions, modify custody arrangements, or take other measures to enforce compliance. In cases of intentional interference, such as relocating without authorization or preventing the other parent from meaningful contact, the court may impose stricter penalties akin to sentencing enhancements, reflecting the seriousness of undermining a child’s relationship with a parent.

At Adams, Luka & Benton, we assist parents in enforcing court orders and seeking remedies when violations occur. Protecting a child’s stability and ensuring that the legal framework is respected are central to maintaining a balanced and fair co-parenting arrangement.

Mediation is often an effective tool for resolving disputes involving minor children. A neutral mediator facilitates communication between parents, helping them explore practical solutions and develop agreements that prioritize the child’s best interests. Mediation can reduce emotional tension, shorten the legal process, and allow parents to craft flexible solutions tailored to their family’s needs.

Even when mediation results in an agreement, the court must review and approve Parenting Plans to ensure that they meet legal standards and support the child’s well-being. Legal guidance is essential during this process to ensure enforceability and compliance with Florida law.

Decisions made during divorce and custody proceedings have long-term implications for children. Stable routines, continued relationships with both parents, and consistent support structures are crucial for a child’s development. Courts look for arrangements that provide security, emotional stability, and access to supportive networks.

At Adams, Luka & Benton, our attorneys help families plan for both immediate and long-term outcomes. We assist in structuring custody arrangements, time-sharing schedules, and relocation considerations to preserve the child’s well-being while protecting parental rights. By anticipating future challenges and proactively addressing them, parents can minimize conflict and provide a stable environment for their children.

When minor children are involved in divorce or custody matters, experienced legal guidance is essential. The attorneys at Adams, Luka & Benton are committed to helping parents navigate the legal system while ensuring that the child’s best interests remain the top priority.

Contact our office today to schedule a consultation. Our team will carefully review your situation, provide clear guidance on your rights and obligations, and develop a strategy tailored to your family’s unique needs. With skilled legal representation, you can approach divorce and custody matters with confidence, knowing that your child’s well-being and your parental rights are being fully protected.