Are you seeking sole custody of your child in Orlando, Florida? An Orlando sole child custody lawyer at Conti Moore Law Divorce Lawyers, PLLC can explain your options and help you pursue an arrangement that protects your child’s best interests. Call us today at (407) 831-0203 to schedule a free consultation.
Florida generally uses the terms “parental responsibility” and “time-sharing” when addressing what many parents call child custody. Sole parental responsibility gives one parent authority to make decisions regarding the child. Obtaining this arrangement can require strong evidence showing why it is appropriate for your child.
Table of Contents
How Can Conti Moore Law Divorce Lawyers, PLLC Help With Obtaining Sole Custody in Orlando, FL?
Requests for sole parental responsibility can involve sensitive family issues and disputed evidence. Our team at Conti Moore Law Divorce Lawyers, PLLC has over 50 years of combined experience helping families navigate difficult legal matters.
An Orlando child custody attorney from our firm can:
- Review your family’s circumstances
- Explain Florida parental responsibility and time-sharing laws
- Gather evidence relevant to your child’s welfare
- Help develop a proposed parenting plan
- Present your position during negotiations or mediation
- Prepare evidence and arguments for court
- Seek orders designed to protect your child when necessary
An Orlando family lawyer can help you understand what the court may consider and build a case based on your child’s needs. Contact our firm today for a free consultation.
What Does Sole Child Custody Mean in Florida?
Florida law defines “sole parental responsibility” as a court-ordered relationship in which one parent makes decisions regarding a minor child. This differs from shared parental responsibility, under which both parents retain parental rights and responsibilities and make major decisions together.
Sole parental responsibility does not necessarily mean that the other parent will never spend time with the child. Florida law allows a court to award sole parental responsibility with or without time-sharing for the other parent.
The exact arrangement will depend on the child’s circumstances. A parenting plan may address decision-making responsibilities, the time the child spends with each parent, education, healthcare, and communication.
When Can a Florida Court Award Sole Parental Responsibility?
Florida courts generally order shared parental responsibility unless the court finds that sharing responsibility would be detrimental to the child. However, a court can order sole parental responsibility, with or without time-sharing, when doing so is in the child’s best interests.
Issues that may be relevant to a request for sole parental responsibility can include:
- Domestic violence
- Child abuse, abandonment, or neglect
- Sexual violence
- Substance abuse
- A parent’s ability to meet the child’s needs
- Other circumstances affecting the child’s safety or welfare
Florida courts consider evidence of domestic violence, sexual violence, child abuse, abandonment, and neglect when determining a child’s best interests. Each case requires an individual review of the family’s circumstances.
How Do Orlando Courts Determine a Child’s Best Interests?
The best interests of the child are the primary consideration when Florida courts establish parental responsibility, parenting plans, and time-sharing schedules. Courts examine numerous factors rather than focusing on what either parent personally wants.
Relevant factors include each parent’s ability to meet the child’s needs, provide a consistent routine, stay involved in school and activities, and maintain a stable environment. Courts can also consider each parent’s physical and mental health and the child’s home, school, and community history.
If the court believes the child has enough intelligence, understanding, and experience, it may consider the child’s reasonable preference. Evidence of substance abuse and each parent’s ability to protect the child from parental conflict can also matter.
What Evidence Can Help Me Seek Sole Parental Responsibility?
A parent requesting sole parental responsibility should be prepared to support the request with evidence. Simply disagreeing with the other parent may not establish that sole decision-making is best for the child.
Depending on the circumstances, useful evidence may include:
- Police or incident reports
- Medical records
- School records
- Relevant text messages or emails
- Witness testimony
- Domestic violence records or protective orders
- Evidence involving substance abuse
- Records showing a history of neglect or unsafe behavior
The most useful evidence will depend on why you believe sole parental responsibility is necessary. An attorney can help identify information that relates directly to the legal factors the court must consider.
Can an Existing Parenting Plan Be Changed to Sole Parental Responsibility?
A parent may seek to change an existing parenting plan or parental responsibility order, but Florida imposes requirements for modifications. A court generally cannot modify parental responsibility, a parenting plan, or a time-sharing schedule without a substantial and material change in circumstances and a finding that modification serves the child’s best interests.
For example, serious safety concerns that arise after the original order may support a request for changes, depending on the evidence and circumstances.
Modification cases can be fact-intensive. A parent seeking a change should document the circumstances supporting the request and avoid violating the existing court order while the matter is pending unless another lawful order applies.
Contact Our Orlando Sole Child Custody Lawyers for a Free Consultation
Obtaining sole parental responsibility can be important when sharing major decisions with the other parent would not serve your child’s best interests. However, Florida courts consider many factors before deciding what arrangement is appropriate.
At Conti Moore Law Divorce Lawyers, PLLC, we can review your circumstances, explain Florida law, and help you present your request to the court. Contact our Orlando sole child custody attorneys today to schedule a free consultation and discuss the options available to you.