Child Custody

Whether your child custody issues arise in a divorce proceeding or between unmarried individuals, we will help you establish a plan in the best interests of the children.

Determination of a child’s custody is often the most emotional, stressful, and difficult part. It is also one of the most important. You must have a full understanding of how the law is applied to parenting issues. We offer a free initial consultation and spend time to explain the law and answer questions about how your case will affect your children.

In Florida, shared parental responsibility is generally favored over sole custody/responsibility. Regardless, the law dictates the best interests of the child are the determining factor in establishing child custody, time-sharing, parenting, and child-support arrangements.

In legal proceedings, the term "time-sharing" has replaced “child custody” and “visitation rights.” Time-sharing can be sought through a divorce action, if the parties have children born of the marriage. Time-sharing can also be sought through a paternity action for children born to unwed parents. A judge must consider several factors when deciding time-sharing. Ultimately the court focuses on the best interests of the children.

Florida’s time-sharing laws intend to give children the opportunity to spend time with both parents on a regular basis, and the state has laws to protect children from being separated from a parent. A child cannot be relocated more than 50 miles from the residence established in the parenting plan. If either parent needs to move for a job opportunity, financial reasons, or for any other situation, they must obtain legal permission if their new home exceeds the 50-mile limit.

Each parent has legal rights to time-sharing, which is why the law requires that the moving parent have a court order or written agreement from the other parent that allows the long-distance move. Any modifications of prior orders must be carried out according to the law’s guidelines, and we can help you request permission to relocate.

The court will consider the reasons for your request and the best interests of the children before determining approval. If the court approves the request you will be able to move and a new parenting plan will be established which will set forth how you and the other parent intend to co-parent your children in light of the distance between you.

Contact William J. McClellan

If you want to move with your children to pursue a better life and beneficial career opportunities, we will help you navigate Florida’s complicated time-sharing process.