CUSTODY
Cynthia Hernandez Law
CHILD CUSTODY
Cynthia Hernandez has years of experience assisting families through the often-contentious custody process. Our office can help you fight for your custody rights while avoiding the high costs and lengthy time commitment of a drawn out custody battle.
Florida Child Custody
Under Florida law, child custody is decided by the courts based on the best interests of the child under the Uniform Child Custody Jurisdiction and Enforcement Act, a national set of laws governing child custody throughout the country. Child custody includes both legal and physical custody. Parents with legal custody of their child are allowed to make decisions regarding education, religion, medical care, and discipline. Physical custody involves the actual location where the child will reside.
Child custody may be either shared or sole custody. The Florida courts have a strong preference for shared custody arrangements, also known as “time-sharing,” unless there is evidence to suggest that shared custody would not be in the best interests of the child.
Parenting Plans
In Florida, parents have the option to agree on a parenting plan outside of the courtroom, which establishes the “time-sharing” schedule for the parents and addresses how parental responsibilities, including legal decisions, will be handled between the two parties. The time-sharing schedule sets forth the time that each parent will spend with their children during the week and during the weekends, as well as where they will sleep each night. These schedules also address where children will spend their time during school breaks, long weekends, and on holidays.
If parents are able to agree on a parenting plan through negotiation, they can then submit the plan to the court, where it will be approved as long as both legal and physical custody have been adequately addressed.
Best Interests of the Child
When parents are unable to agree on a parenting plan for their children, the court must determine one for them. This determination is based on the best interests of the child and includes many different factors, such as:
The length of time the child has lived in a stable and satisfactory environment
The geographical viability of the individual parent’s homes
The moral fitness of both parents
The mental and physical health of both parents
The demonstrated ability of each parent to provide a consistent routine
The demonstrated ability of each parent to communicate with the other
Any knowledge of domestic violence or abuse occurring within the household
Any substance abuse by either parent
Frequently Asked Questions (FAQs)
What types of child custody are recognized in Florida?
In Florida, child custody is divided into parental responsibility and time-sharing. Parental responsibility refers to the decision-making rights regarding a child’s upbringing (such as education, healthcare, and religion), while time-sharing refers to the physical custody schedule that outlines where and when the child will spend time with each parent.
How do Florida courts decide child custody?
Florida courts focus on the best interests of the child when determining custody arrangements. Judges consider several factors, including each parent’s ability to provide a stable environment, the emotional bond between parent and child, the child’s needs, and each parent’s willingness to support the other’s relationship with the child.
Can parents share custody in Florida?
Yes. Florida law favors shared parental responsibility, which means both parents retain full rights and responsibilities to make decisions for the child, even if the child primarily lives with one parent. However, the court may grant sole parental responsibility to one parent if shared responsibility is not in the child’s best interest.
What is a parenting plan, and is it required?
Yes, a parenting plan is required in all Florida child custody cases. This plan outlines how parents will share and be responsible for daily parenting tasks, time-sharing schedules, methods for communication, and how major decisions will be made. Attorney Cynthia Hernandez can help you draft a clear and enforceable parenting plan that aligns with your family’s needs.
Can a child custody agreement be changed after it’s finalized?
Yes, custody agreements can be modified if there is a substantial and unanticipated change in circumstances that affects the child’s welfare. This could include changes in a parent’s work schedule, relocation, or concerns about the child’s safety. Cynthia Hernandez can assist you in petitioning the court for a modification when circumstances warrant a change.
Additionally, if the child is determined to be old enough to express a preference, the court will consider the wishes of the child in determining custody and the parenting plan. These factors are numerous, and often complicated, so it is important to consult an experienced child custody lawyer if you and your spouse are having difficulty negotiating a parenting plan.
We are committed to assisting families through the contentious child custody process while avoiding unnecessary expense and drama. Whether you and your spouse are working towards a parenting plan or facing the prospect of court-determined time-sharing, we are available to provide you with the knowledge and advice necessary so that your rights, and the best interests of your child, are protected. If you have questions about custody in Florida or are facing the prospect of a custody battle, contact
Cynthia Hernandez Law., for a consultation 813-841-2933.