Miami Child Custody Attorneys

Using Mediation to Find an Agreement That’s Right for Your Family

Ensuring that your child’s best interests are upheld is our top priority, and mediation is often the most effective way to achieve that goal. Our attorneys bring decades of experience with them as they work with clients to find common ground and determine a parenting plan that focuses on what matters most.

How Family Courts Determine the “Best Interests of the Child”

When parents cannot agree on a parenting plan, a judge must determine the final schedule using a structured statutory framework. Family courts may evaluate a myriad of factors to reach a decision, such as: 

• The moral fitness of each parent.
• The mental and physical health of each parent. 
• The child’s ties to their home, school, and community.
• The capacity of each parent to meet the needs of the child.
• The ability of each parent to maintain a safe living environment.
• The capacity of each parent to provide a consistent routine for the child.
• Any evidence of domestic violence, child abuse, abandonment, or neglect.
• The geographic viability of the parenting plan and the amount of traveling time.
• The ability of each parent to be involved in the child’s extracurricular activities.
• The ability of each parent to encourage a parent-child relationship with the other parent, honor the time-sharing schedule, and respond reasonably to necessary changes.
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, experience, and understanding.
• Any other factor the court deems relevant.

Understanding Florida’s 50/50 Time-Sharing Presumption

Florida has a statutory rebuttable presumption that 50/50 time-sharing is in the best interest of a minor child (§ 61.13, Fla. Stat.). When parents cannot agree on a schedule, the court uses an equal split as the default starting point. 

However, this presumption is not a guarantee. A parent can challenge and overcome this 50/50 default by proving by a preponderance of the evidence that equal time-sharing would be detrimental to the child. 

This may occur in situations involving:

• A history of domestic violence, abuse, or neglect. 
• Substance abuse or severe mental health instability. 
• An ongoing lack of involvement in the child’s daily care and upbringing.
• Geographical distance that makes a 50/50 rotation impractical for the family.

Whether you are defending your right to equal parenting time or trying to restrict an unfit co-parent’s access, our attorneys can help structure proposals and supporting documentation that align with the best-interest standard. 

Can I Relocate with My Child if I Have a Current Parenting Plan?

A relocation is defined as a change in residence that is at least 50 miles away from a parent’s existing residence for a minimum of 60 consecutive days, excluding a temporary absence for vacation, education, or the provision of healthcare for the child (§ 61.13001, Fla. Stat.).

There are two options for the relocating parent: 

• Uncontested (agreement). Both parents and every person entitled to access or time-sharing agree to the relocation. 
• Contested (petition). The other parent objects to the relocation, requiring the petitioning parent to seek approval from the court. 

A contested relocation is subject to strict deadlines and legal requirements, making it essential to work with our knowledgeable advocates. We can help you gather strong evidence to show that the move is made in good faith and for legitimate reasons, such as employment, education, or family support.