Custody disputes can upend everything at once: school schedules, living arrangements, finances, and your relationship with a co-parent you may barely be speaking to. On top of that, a court process runs in the background demanding paperwork, hearings, and legal decisions you’ve never had to make before. It’s a lot to carry.
What most people don’t realize right out of the gate is that custody doesn’t have to mean a prolonged courtroom war. Many families in Florida reach workable arrangements through mediation, negotiation, and well-drafted parenting plans, without a judge having to make every call. The path to that outcome, though, usually runs through someone who knows Florida family law well enough to keep the process on track.
Joseph M. Corey, Jr. P.A., based in Hialeah and serving clients across Miami-Dade, Broward, Monroe, and Palm Beach Counties, has been handling these cases for over 40 years. The firm’s bilingual team of attorneys and long-tenured support staff understand what’s at stake when children are involved, and they’ve seen every version of these disputes, the straightforward ones and the complicated ones alike. When there’s no substitute for experience, there’s no substitute for a firm that will tell you straight what your case actually looks like.
What Florida Courts Are Saying When They Talk about “Best Interest of the Child”
What Florida Courts Are Saying When They Talk about “Best Interest of the Child”Florida Statute §61.13 directs the court to weigh more than 20 separate factors when deciding custody matters. “Best interest of the child” sounds simple, but the standard behind it isn’t. Courts consider things like:
- Each parent’s ability to meet the child’s daily needs
- The stability of each home
- The child’s relationship with siblings
- Each parent’s willingness to encourage a relationship with the other parent
It’s also worth knowing that Florida removed the word “custody” from the statute years ago, replacing it with the terms “time-sharing” and “parental responsibility,” even though the average person still talks about custody in day-to-day life. This matters because knowing which factors carry the most weight in your situation shapes how your case gets presented. Your attorney is in a better position to advise you on what may weigh more heavily in your particular case.
Types of Child Custody
Florida uses different terms for custody than most states, but the underlying ideas are the same. Here’s what they actually mean.
Shared parental responsibility is Florida’s starting point. Both parents have the right to participate in major decisions about the child’s education, health care, and general welfare. The court can award sole or limited parental responsibility in exceptional cases, but that’s the exception, not the default.
Sole parental responsibility gives one parent the authority to make major decisions on behalf of the child. It’s rare, and usually reserved for situations where shared decision-making would be detrimental to the child. Typically this is from cases involving domestic violence, substance abuse, or a complete inability to co-parent.
Time-sharing schedules cover where the child actually lives day-to-day. Florida law presumes that equal 50/50 time-sharing is in the best interest of the child, and the burden is on the parent seeking a different split to show why that presumption should not apply. Work schedules, how close each home is to the child’s school, and other practical considerations can all factor in. It’s worth figuring out early what you want and why, so your attorney can build a strategy that matches your goals.
The Role of Mediation in a Custody Case
Almost any contested family law matter in Florida has to go through mediation before the case proceeds to trial. This isn’t just some box to check. Many custody cases are actually resolved at mediation, and parents who come prepared will almost invariably fare better than those who do not. The mediator isn’t there to decide anything in the case. The role of a mediator is to facilitate the discussion between the parties and their counsel to see if the parties can reach an agreement. If an agreement is possible, it is much more likely the parents will comply with the parenting plan they were able to agree to, rather than something the court ordered. You will have the most success with mediation if you have a firm bottom line, a clear understanding of the most likely outcome in court should the mediation fail, and a proposed parenting plan that you are willing to share at the outset.
Child Support and Visitation: Distinct Matters
The idea that child support and child visitation or timesharing go hand-in-hand is a dangerous myth in the custody realm. While time-sharing percentages factor into the child support calculation and decision, enforcement of the two is entirely separate. A parent behind on support cannot be denied visitation, and a parent cannot withhold visitation to force payment. These are two separate orders of the court and must be addressed separately.
Child support is calculated in Florida using an income shares model, where both parents’ net incomes, how the parents share the time, and healthcare and child-care expenses are considered. For self-employed parents, reasonable and necessary business expenses can also factor into the net income determination, which is one of the areas where the calculation gets more complicated than most parents expect. The amount of child support ordered can come as a surprise to both parties when the timesharing is 50/50. It’s best to get the calculation right from the beginning rather than entering an agreement that has to be modified later.
Modifications to Parenting Time and Child Support
A parenting time or child support order entered three years ago can look very different from what a family needs today, which is why modification becomes necessary. Parents lose jobs or gain better ones, move to a new county or a new state, or simply see the needs of the child change. Florida law allows the court to enter a modification of a parental timesharing order or a child support modification where there is a substantial, material, and unanticipated change of circumstance.
Take, for example, a parent who’s offered a new job requiring relocation. That may or may not meet the threshold depending on the distance, the reason for the move, and how it affects the existing timesharing plan. There is no single standard that will satisfy this test in all cases, and not every change in circumstance will satisfy it. One common mistake parties make in handling these issues themselves is failing to appreciate whether the change in circumstance satisfies the necessary standard for modification. Knowing what will and won’t satisfy the standard for a modification is one of the key benefits of experienced counsel.
Protecting Parental Rights During a Divorce
Protecting Parental Rights During a DivorceIf your timesharing or child support issues come up as part of a divorce and not as independent issues, the stakes can get very high very quickly. Property division, spousal support or alimony, parental rights, and child support can all get tied together, and a ruling in one area can impact the determination in the others. This is where having counsel with a background in business and financial matters, not just family law statutes, actually pays off. Identifying the financial issues buried in tax returns, business valuations, and income statements is often what determines whether an asset division or support calculation lands fairly.
Florida is a no-fault divorce state, which means you don’t need to prove a wrongful act on the part of your spouse to obtain a divorce. No-fault does not mean that the divorce will be conflict-free. Asset division, the allocation of parental responsibilities, and even the specific language of the final court order are all really important components that can dramatically alter the outcome of your divorce. How well-versed your attorney or their counterpart is can easily make or break the case.
Frequently Asked Questions About Custody Cases
Can I represent myself in a custody case?
You are allowed to under Florida statutes. That said, the procedural, evidentiary, and negotiating complexities make handling a custody case alone nearly impossible for even the most dedicated and motivated individual. If the other side has counsel and you don’t, you’ll be navigating rules of evidence and procedure that opposing counsel uses every day, and this disadvantage usually impacts the final ruling.
Does Florida ever offer pro bono legal services in family law cases?
In certain cases, some nonprofit agencies in Florida offer legal representation and counseling at low cost or even no cost to clients with limited resources. The firm of Joseph M. Corey, Jr. P.A. offers a free consultation to discuss your matter and the options available.
What behaviors can negatively impact a parent’s custody position?
Failing to spend designated time with your child, abuse of illicit substances, domestic violence, and an antagonistic relationship with the co-parent can all negatively impact the parenting arrangement. Specifically, under Florida statute 61.13(3)(a), a court may take evidence of domestic violence against the other party into account as an indication that awarding joint parental responsibility would be harmful to the child.
How long will a custody case take?
An uncontested case could take a few months. However, a contested case will vary based on the specifics of the situation, and if relocation and/or domestic violence are involved, it may take much longer. Having a clear understanding of what you’re aiming for and what the case is likely to look like going in will go a long way toward preventing unnecessary delays.
When You’re Ready for the Next Step
When it comes to a child custody dispute, there’s no room for guesswork. The parenting arrangement you reach today will shape your child’s day-to-day life for years, potentially until they’ve reached adulthood. Getting it right matters to you, to your child, and to your child’s future. The law office of Joseph M. Corey, Jr. P.A. has been representing clients throughout South Florida for more than 40 years, with a bilingual team and support staff that in some cases have been with the firm for over four decades. Areas served include Hialeah, Miami, Coral Gables, Doral, Pembroke Pines, and other surrounding communities. The firm is known for being accessible outside standard office hours, including weekends, for questions that can’t wait. Please call the office at (305) 557-1750 or reach out if you have any questions about when and how to hire a child custody attorney or divorce lawyer.