Boca Raton Child Custody Lawyer

A Florida parenting plan is a written document that sets out the parents' responsibilities and rights regarding the child. At minimum it must address how the parents will share day-to-day responsibility for the child, the time-sharing schedule (including school year, holidays, school breaks, and summer), who is designated as the parent responsible for school-related decisions and healthcare, how the parents will communicate with the child and with each other, and how disagreements will be handled. The court will not approve a parenting plan that does not address these required elements.

The "reasonable preference of the child" is one of the factors the court considers when the child is of sufficient age and maturity, but it is not a deciding factor on its own and there is no specific age at which a child's preference becomes controlling. Most Florida judges will hear a child's preference through a guardian ad litem, a court-appointed expert, or, less commonly, in chambers, rather than having the child testify in open court. The weight given to the preference depends on the child's maturity, the reasons behind the preference, and the totality of the circumstances.

Yes, but only if there has been a substantial, material, and unanticipated change in circumstances since the original order, and only if the proposed modification is in the best interests of the child. Florida sets a high bar for modification deliberately, to prevent constant relitigation. Examples that have supported modification include a parent's relocation, a significant change in a parent's work schedule, a change in the child's needs as they age, evidence of substance abuse, or evidence that the existing arrangement is no longer serving the child. Routine disagreements between parents, by themselves, do not usually meet the threshold.

Mediation is a process where a neutral mediator helps both parents negotiate the terms of a parenting plan and time-sharing schedule outside of court. Florida courts in Palm Beach County and Broward County generally require parents to attempt mediation before a contested custody case goes to trial, and most cases resolve at mediation. Parents have significantly more control over the outcome at mediation than they do in court, where a judge who has spent at most a few hours hearing the case ends up making lasting decisions about their family. Mediation is not appropriate in every case (particularly cases involving domestic violence or significant power imbalances), and we make that assessment honestly when we meet you.

When a parent is not complying with an existing time-sharing order, the remedy is an enforcement or contempt action in family court. The court can order make-up time-sharing, modify the schedule, impose attorney's fees, and in extreme cases find the non-compliant parent in contempt. Self-help (withholding the child, refusing to return them, or otherwise responding by violating the order yourself) is almost always a serious mistake; courts react strongly to it. The right path is back to court, and quickly.

Florida has specific statutory requirements for relocation. A parent seeking to relocate with a minor child more than 50 miles from their current residence, for more than 60 consecutive days, must either obtain the other parent's written agreement or file a petition asking the court for permission. Relocating without complying with the statute can lead to the child being ordered back, attorney's fees, and damage to the relocating parent's standing in any future custody proceeding. The standard the court applies is the best interests of the child, with specific statutory factors that overlap but are not identical to the standard custody factors.

Yes. In Florida, an unmarried mother has all parental rights by default. An unmarried father has no automatic legal rights to time-sharing or parental responsibility, even if his name is on the birth certificate, until paternity is legally established and a court order is in place. The first step for an unmarried father seeking custody or time-sharing is usually a paternity action, which establishes legal fatherhood and lets the court address parental responsibility, time-sharing, and child support all in the same case.

It depends. An uncontested matter where both parents agree on the parenting plan can be finalized in a matter of weeks once the paperwork is properly filed. A contested case typically takes six months to over a year, sometimes longer for particularly complex or high-conflict matters. The timeline is shaped by how many issues are contested, the court's docket, whether the case settles at mediation, and whether temporary relief, expert evaluations, or a guardian ad litem becomes part of the case.