Florida Child Custody Lawyers

When parents separate or divorce, few issues are more important or more emotional than determining how they will continue to raise their children. Questions about where a child will live, how much time the child will spend with each parent, and who will make important decisions can create uncertainty and conflict during an already difficult time.

Whether you are negotiating a parenting plan during divorce, establishing temporary parental rights after a separation, seeking to modify an existing time-sharing arrangement, or facing a high-conflict custody dispute, our experienced Florida family law attorneys offer knowledgeable guidance and strong advocacy for parents. As a women-founded and women-led law firm, we combine compassionate counsel with thoughtful legal strategies that are designed to help families move forward after a breakup or divorce.

At Luhrsen Goldberg, our Sarasota child custody lawyers understand that your case is about much more than your legal rights. It is about protecting your relationship with your child, preserving stability, and creating a parenting plan that supports your child’s long-term well-being. Reach out to our law offices to schedule a free initial consultation with a Florida child custody attorney.

Understanding Child Custody Laws in Florida

In Florida, child custody matters involve two primary issues:

Parental responsibility (sometimes called legal custody) concerns how parents will make important decisions affecting their child.
Time-sharing (sometimes called physical custody) determines when the child will spend time with each parent.

These concepts are usually addressed in a legally enforceable parenting plan. The parenting plan establishes the parents’ rights and responsibilities. It also provides a framework for raising a child after a separation, breakup, or divorce.

Florida courts encourage children to maintain meaningful relationships with both parents when doing so is in the child’s best interests. However, this does not mean that every family will have the same parenting arrangement. The court must evaluate the facts of each case and determine what arrangement best supports the child’s health, safety, emotional development, and overall well-being.

Child custody laws can be complex, and many parents are rightfully worried about how their relationship with their child will be impacted. Our Florida child custody attorneys can help you understand how these laws apply to your family. We can also work with you to develop a legal strategy that is based on your child’s needs and your goals as a parent.

What Is Parental Responsibility?

Parental responsibility refers to the authority and obligation to make significant decisions concerning a child. These decisions may involve matters such as:

Education and school enrollment
Medical and dental care
Mental health treatment
Religious upbringing
Other important matters affecting the child’s welfare

In many cases, parents share parental responsibility. This means that they are expected to communicate and work together when making major decisions for their child.

Shared parental responsibility does not necessarily mean that parents will agree on every issue. A parenting plan may include procedures for resolving disagreements. It may also give one parent final or ultimate decision-making authority over a particular issue when appropriate.

In certain limited circumstances, a court may award one parent sole parental responsibility. This is generally reserved for situations where shared decision-making would be harmful or detrimental to the child. Allegations involving domestic violence, child abuse, substance abuse, serious neglect, or other safety concerns may prompt a court to award sole parental responsibility to one parent.

The ability to make decisions about their child’s upbringing is incredibly important to most parents. Our Florida child custody lawyers can help you evaluate whether shared or sole parental responsibility may be appropriate based on the circumstances of your case.

What Is Time-Sharing in Florida?

Time-sharing is the schedule that explains when a child will spend time with each parent. It replaces the traditional concepts of physical custody and visitation.

A time-sharing schedule often provides for an equal division of parenting time, but equal time-sharing is not appropriate or practical in every case. The schedule should reflect the child’s best interests and the family’s unique circumstances.

Common time-sharing arrangements may include:

Alternating weeks between parents
A 2-2-3 schedule
A 5-2-2-5 schedule
A 7 & 7 schedule
Alternating weekends with one or more weekday visits
A majority of overnights with one parent and regular time with the other
Different schedules during the school year and summer
Customized arrangements based on a child’s age, school schedule, medical needs, or parents’ work obligations

A parenting schedule should be detailed enough to reduce misunderstandings while remaining flexible enough to accommodate reasonable changes. Parents typically also address holidays, school breaks, birthdays, vacations, transportation, and communication with the child.

Our team understands that time with your kids is incredibly important. Our Florida child custody attorneys work with parents to develop practical time-sharing proposals that support consistency and preserve meaningful parent-child relationships.

Parenting Plans in Florida

Florida courts generally require a parenting plan when parents are involved in a family law case involving minor children. Parents may create and agree upon a parenting plan, or the court may establish one if the parents cannot reach an agreement.

A comprehensive parenting plan may address:

The time-sharing schedule
How major decisions will be made
The child’s school and educational needs
Medical and health care decisions
Communication between the parents
Communication between each parent and the child
Transportation and exchange arrangements
Holiday and vacation schedules
Extracurricular activities
Childcare responsibilities
How parents will resolve future disagreements
Procedures for requesting schedule changes

A well-written parenting plan can reduce future conflict by establishing clear expectations. Vague language may lead to disagreements and make enforcement more difficult.

Our Florida family law attorneys carefully review proposed parenting plans to identify potential problems and help ensure that the terms are workable for your family. We also help parents avoid agreeing to provisions that may create unnecessary limitations or conflict in the future.

How Do Florida Courts Determine Child Custody?

Florida courts make decisions related to child custody based on the best interests of the child. The court considers numerous factors when determining parental responsibility and time-sharing. Important considerations include:

Each Parent’s Ability to Support the Child’s Relationship With the Other Parent: Courts may consider whether each parent is willing and able to encourage a continuing relationship between the child and the other parent. Unreasonable interference with the parent-child relationship may negatively affect a parent’s position. However, encouraging a relationship does not require a parent to ignore legitimate safety concerns. When abuse, violence, neglect, or other risks are present, the court must carefully evaluate the circumstances when deciding what is in the child’s best interests.
Each Parent’s Ability to Meet the Child’s Needs: The court will examine each parent’s ability to provide for the child’s physical, emotional, developmental, educational, and medical needs. This may include consideration of the parent’s involvement in the child’s daily life, ability to maintain routines, and understanding of the child’s individual needs.
The Child’s Existing Relationship With Each Parent: The history of each parent’s relationship with the child is also relevant. The court may consider who has historically handled responsibilities such as school involvement, medical appointments, meals, transportation, homework, and daily care. A parent’s role as a primary caregiver is important but is not necessarily the only factor that determines time-sharing.
The Stability of Each Parent’s Home Environment: Courts may consider the stability and continuity each parent can provide. Relevant issues may include housing, school continuity, family relationships, work schedules, and the child’s established community connections.
Each Parent’s Ability to Communicate and Cooperate: Effective co-parenting often requires parents to communicate about school, health care, activities, and other important matters. The courts may evaluate whether the parents can work together and whether either parent has created unnecessary conflict.
Domestic Violence, Abuse, Neglect, or Safety Concerns: Allegations involving domestic violence, child abuse, abandonment, substance misuse, or other dangerous behavior can significantly affect a parenting case. Parents should not assume that serious concerns will be automatically accepted by the court. Evidence is necessary to establish the nature and extent of the problem. Documentation may include police reports, medical records, photographs, communications, witness testimony, school records, or other relevant information.
The Child’s Preferences: A child’s wishes may be considered when the child is sufficiently mature and able to express a reasoned preference. However, the child does not decide the outcome, and their preference is only one factor out of many. Courts generally seek to avoid placing children in the middle of parental disputes. Parents should not pressure a child to choose sides or use the child as a messenger.

Florida law generally recognizes the importance of both parents remaining involved in their child’s life. In many cases, equal time-sharing may be considered appropriate.

However, equal time-sharing is not an automatic result in every case. The court must still evaluate the child’s best interests and consider the specific facts affecting the family.

A parent requesting a different arrangement will need to present evidence showing why an unequal schedule better serves the child. Factors such as a parent’s work schedule, the child’s age, special needs, school obligations, geographic distance, safety concerns, or the parents’ ability to cooperate may influence the court’s decision.

Parents sometimes ask whether they can receive “full custody.” In Florida, this can mean sole parental responsibility, a majority of time-sharing, or both.

Sole parental responsibility gives one parent the authority to make major decisions affecting the child without requiring shared decision-making with the other parent. It may be appropriate when shared parental responsibility would be detrimental to the child. This may be necessary in cases involving:

Domestic violence
Child abuse or neglect
Substance abuse disorder
Ongoing criminal activity
Severe mental health concerns affecting parenting
Abandonment
A parent’s inability or unwillingness to participate safely in decision-making
A history of conduct that places the child at risk

Sole parental responsibility is not granted simply because parents disagree or have difficulty communicating. The court will consider whether the evidence supports limiting one parent’s decision-making authority. Even when one parent has sole parental responsibility, the other parent may still receive time-sharing if contact can occur safely and serves the child’s best interests.

Our attorneys can help parents develop realistic proposals for parenting time and parental responsibilities. Our strategy includes developing plans supported by evidence rather than relying on assumptions about what the court will order.

Can a Florida Parenting Plan Be Modified?

A parenting plan that worked well when a child was young may become difficult or inappropriate as circumstances change. Children grow, parents change jobs, families relocate, and new educational or medical needs arise. Any of these situations may warrant a change to a parenting plan.

Florida law allows parenting plans and time-sharing schedules to be modified under certain circumstances. Generally, the parent requesting a modification must show that a substantial and material change in circumstances has occurred and that the requested modification is in the child’s best interests.

Reasons a parent may seek modification include:

A significant change in a parent’s work schedule
Relocation
Changes in the child’s educational needs
New medical or developmental needs
A parent’s repeated failure to follow the parenting plan
Changes affecting the child’s safety
A parent’s substance abuse or criminal conduct
A substantial change in the child’s relationship with a parent

Not every inconvenience or disagreement will justify changing a court order. The court generally seeks to preserve stability and will carefully evaluate whether a modification is necessary.

Our attorneys can assess whether the circumstances may support a modification. We can also help you gather evidence to either support your request or defend against an unnecessary change to the parenting plan.

Talk to a Florida Child Custody Attorney Today

A child custody dispute can leave parents feeling uncertain about the future. You may be concerned about losing time with your child, protecting your child from an unsafe situation, or creating a parenting arrangement that will remain workable as your child grows. You don’t have to navigate these decisions alone.

The Florida child custody lawyers at Luhrsen Goldberg are prepared to help you understand your options, develop a thoughtful legal strategy, and pursue a parenting arrangement that supports your child’s best interests. Whether you are going through a divorce, establishing parental rights, negotiating a parenting plan, seeking a modification, or enforcing an existing order, our team is here to provide experienced legal representation. Contact our law firm today at 941-740-6473 or fill out our online contact form to schedule a consultation with a Sarasota family law attorney.