Sarasota Child Custody Lawyers

Sarasota Child Custody Lawyers

When a relationship ends, parents are left facing not just emotional turmoil but critical legal questions that will shape their children’s futures. Who will the children live with? How will major decisions be made? Will time be split equally between parents, or is one parent seeking majority custody? These aren’t just legal matters; they’re deeply personal challenges that require thoughtful, strategic, and compassionate advocacy.

Our Sarasota child custody lawyers can help you cut through the confusion and take back control of the process. With professional guidance, you can work toward a resolution that honors your role as a parent while prioritizing your child’s safety, emotional health, and stability. Whether you are going through an amicable divorce or dealing with a high-conflict custody battle, having a well-versed child custody attorney by your side can make all the difference.

At Luhrsen Goldberg, our team understands how deeply personal and impactful these decisions are. We provide experienced, determined, and empathetic legal representation to families across Sarasota and beyond.

About Our Firm: Smart, Supportive Legal Advocacy in Sarasota, FL

At Luhrsen Goldberg, we bring years of combined legal experience to Florida families. Founded in 2016 and woman-led, our philosophy blends fierce advocacy with thoughtful, compassionate counsel. Our Sarasota, Florida, child custody lawyers don’t just fight for your rights; we collaborate with you and the other parent’s attorney (when possible). Our goal is to develop legal strategies that protect your child’s well-being now and into the future.

Our firm supports both mothers and fathers navigating custody battles and families restructuring after divorce. We also offer estate planning services tailored to clients who have recently gone through significant life transitions, including divorce. We proudly offer free consultations to those seeking guidance.

Understanding Child Custody Laws in Florida

Florida no longer uses the terms “custody” or “visitation.” Instead, the law refers to “parental responsibility” and “time-sharing,” which more accurately reflect the collaborative parenting approach Florida courts aim to encourage. Parental responsibility involves the rights and duties to make major decisions regarding the child’s welfare, including education, healthcare, and religious upbringing. Time-sharing, on the other hand, defines the schedule for when each parent will physically be with the child. Together the terms of parental responsibility and time-sharing are laid out in what’s known as a Parenting Plan.

In most cases, Florida courts presume shared parental responsibility is in the child’s best interests. However, this is not always appropriate. In some situations or even by agreement, one parent may have ultimate decision-making authority as to some or all of the decisions affecting a child’s health, education or religious upbringing. When safety or stability is a concern, such as in cases involving domestic violence, substance abuse, or neglect, the court may assign sole parental responsibility to one parent.

Factors Courts Consider in Sarasota, FL Custody Cases

When determining how to allocate parental responsibility and time-sharing, Florida judges must evaluate what arrangement best serves the child’s physical, emotional, and developmental needs.. The court’s primary concern is always the best interests of the child, and this standard is guided by a comprehensive list of considerations set forth in Florida Statutes Section 61.13.

Some of the most influential factors include:

Each parent’s ability to provide a safe, stable, and nurturing environment
Judges examine each parent’s home life, living conditions, financial stability, and ability to maintain routines that promote the child’s physical and emotional security
The existing parent-child relationships and emotional bonds
Courts often prioritize preserving meaningful, loving relationships. A parent who has historically been the child’s primary caregiver may be favored for the majority of time-sharing, though not exclusively
Each parent’s willingness to support and encourage the child’s relationship with the other parent
Courts disfavor parents who badmouth the other parent or attempt to alienate the child, so a demonstrated willingness to cooperate and co-parent respectfully often weighs heavily in a parent’s favor
Any history of domestic violence, substance abuse, or criminal behavior
A court may order supervised visitation or restrict time-sharing rights entirely if there’s credible evidence of abuse, addiction, or other dangerous conduct that can endanger the child
The mental and physical health of each parent
Judges consider whether a parent’s condition can impact their ability to care for the child consistently. Mental health issues do not automatically disqualify a parent, but unmanaged conditions may raise concerns
The child’s preference, depending on age and maturity
While children do not get to “choose” where they live, judges may consider the child’s wishes, particularly if the child is mature enough to express a reasoned and consistent preference
Each parent’s ability to meet the child’s needs consistently, including facilitating education, medical care, and extracurricular activities

Additional considerations may include:

Geographic proximity of the parents with long distance parenting plans being required if the parents live in different states or even different parts of Florida.
Moral fitness of the parents
While this can be subjective, courts may assess how a parent’s behavior, such as frequent partying, exposing the child to inappropriate relationships, or violating court orders, affects the child’s welfare
Ability to communicate and make decisions jointly
Shared parental responsibility requires effective communication and conflict resolution. If parents are consistently combative or uncooperative, the court may adjust responsibility accordingly
Involvement of third parties
If another adult (such as a stepparent or grandparent) plays a significant caregiving role, this may be factored into the overall stability and support system the parent offers

Every time-sharing case is unique. That’s why it’s imperative to work with a Sarasota, Florida child custody attorney who can present compelling, fact-based evidence and narratives to show why your proposed parenting plan supports your child’s best interests.

At Luhrsen Goldberg, we understand the nuances Florida courts consider and take a strategic, child-centered approach to advocating for you and your family.

Full Custody in Sarasota: When Is It Granted?

In Florida, the term “full custody” is commonly used by parents, but it’s important to understand that the legal term may encompass a parenting having “sole parental responsibility” or majority time-sharing with the child or both. A parent with sole parental responsibility has the exclusive right to make major decisions for the child and may also have the majority, or all, of the time-sharing rights.

Florida courts generally prefer both parents to remain involved in their children’s lives, but in certain circumstances, full custody may be awarded. Situations that may justify full custody include:

– A history of child abuse or domestic violence
– Documented substance abuse problems
– Ongoing criminal activity or incarceration
– Medical or mental health issues that impair parenting abilities
– Neglect or abandonment by one parent

The process for obtaining full custody in Sarasota, Florida requires filing a petition with the family court, presenting evidence such as police reports, medical records, witness testimony, or expert evaluations, and participating in court proceedings that may involve psychological assessments or guardian ad litem reports. This can be an emotionally grueling process, but with vigorous legal advocacy, you can navigate it successfully.

At Luhrsen Goldberg, our compassionate child custody lawyers understand how daunting this process can be, especially if you are trying to protect your child from harm. We approach these cases with urgency, precision, and sensitivity, ensuring that every relevant detail is documented and effectively presented to the court.

Visitation Rights and Time-Sharing in Florida

Even when one parent has the majority of time-sharing, the other parent usually retains visitation rights unless it would harm the child. Florida law strongly favors maintaining a meaningful relationship between the child and both parents. As such, parenting plans must be created to clearly outline each parent’s time with the child and also address specific details including, among other things, how exchanges will occur, how expenses will be paid, and how holidays and vacations will be handled.

Some of the most common time-sharing arrangements include:

– Week-on/week-off rotations.
– Alternating weekends with mid-week overnights.
– Primary residence with one parent and extended visits with the other.

In high-conflict or high-risk situations, the court may order supervised visitation to ensure the child’s safety. This type of arrangement involves a neutral third party or visitation facility where interactions can be monitored.

Ultimately, the goal of a parenting plan is to support the child’s needs while minimizing conflict and confusion. A skilled Sarasota, Florida, child custody lawyer from our firm can help you craft a time-sharing proposal that meets legal standards and reflects your family’s unique circumstances.

Modifying Custody and Visitation Orders in Sarasota

Sometimes the original parenting plan no longer fits the family’s circumstances, especially with all of the changes that can happen in people’s lives. Florida law allows custody and time-sharing orders to be modified, but only when there has been a substantial and material change in circumstances. (Previously the change also had to be unanticipated; recently, that requirement was eliminated.)

Common reasons to seek a modification include:

– One parent relocates for work or family reasons.
– A change in the child’s educational, medical, or emotional needs.
– One parent consistently violates the time-sharing schedule.
– The child’s safety is at risk due to a parent’s behavior.

Modifying a custody order can be just as complex as creating the original agreement. Courts do not take changes lightly, especially when they involve disrupting the child’s routine or living arrangements. That’s why Florida law requires parents to demonstrate a substantial change in circumstances, something more than everyday parenting challenges.

Even positive changes, such as a significant increase in income or remarriage, may warrant a new arrangement if it clearly benefits the child. At Luhrsen Goldberg, we help parents gather the documentation and legal arguments necessary to support a modification petition. Whether you’re seeking more time with your child or want to adjust the decision-making dynamics due to changing needs, we are committed to guiding you through the process with diligence and empathy.

Why You Need a Sarasota Child Custody Attorney

Child custody disputes can be some of the most emotionally and legally complicated issues a parent faces. Whether you’re trying to reach an amicable agreement or are in the midst of a contentious custody battle, having a knowledgeable advocate by your side is critical.

Even in cases where both parents want what’s best for their child, disagreements over what that looks like can create conflict. An experienced Sarasota, Florida, child custody lawyer from our firm serves not only as a legal advisor but also as a buffer, helping you communicate more effectively, reduce tensions, and focus on long-term solutions rather than short-term victories.

Without legal guidance, you risk entering into agreements that are vague, unenforceable, or not truly in your child’s best interests. Worse, you might miss critical filing deadlines or fail to present your case persuasively in court. Your Sarasota, Florida child custody attorney ensures that your rights are protected, your voice is heard, and the outcome is legally sound and sustainable for the years to come.

At Luhrsen Goldberg, our Sarasota child custody attorneys approach custody cases with both compassion and determination. We understand that you’re not just dealing with legal paperwork, you’re protecting your relationship with your child. Our team will guide you with clarity, fight for your parental rights, and ensure that your child’s welfare remains the top priority.

Frequently Asked Questions About Custody in Florida

Can a father get full custody in Florida?

Yes. Florida law does not favor one parent over the other based on gender. In fact, equal time sharing between the parents is favored. In certain circumstances and where sole custody is in the child’s best interest, a father can be awarded sole parental responsibility and majority time-sharing, just as a mother could.

How does Florida determine time-sharing?

Time-sharing is determined based on the best interests of the child. Judges will consider a number of statutory factors, including each parent’s ability to meet the child’s needs and foster a relationship with the other parent. 50/50 time share plans are preferred.

What if my co-parent is violating the custody agreement?

If the other parent is not complying with the parenting plan, you can file a motion for enforcement or contempt. Courts may impose penalties, modify the agreement, or award you make-up time.

Can children choose who they want to live with?

The court may consider a child’s preference if the child is mature enough to express a reasoned opinion. However, it is only one of many factors the court evaluates when making custody decisions. Generally, bringing a child into the mix is disfavored.

Let a Sarasota Custody Attorney from Luhrsen Goldberg Help You Protect What Matters

At the heart of any custody dispute is a child who deserves stability, love, and security. At Luhrsen Goldberg, we understand how high the stakes are for you and your family. We don’t just offer legal guidance; we offer support, clarity, and a fierce commitment to achieving the best outcome for you and your child.

Whether you’re facing your first custody battle, seeking to modify an existing agreement, or dealing with a high-conflict co-parent, we’re here to help you move forward. With nearly 50 years of combined experience and a reputation for smart, strategic, and compassionate representation, our Sarasota, FL, child custody attorneys are ready to stand by your side.

If you’re facing a child custody or time-sharing dispute in Sarasota, FL, don’t wait to get the support you deserve. Call us today at (941) 212-2600 or contact us online to schedule your confidential consultation.