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Child Custody

Clermont Child Custody Lawyers

Serving Parents in the Four Corners Area & Beyond

At The Law Offices of Justin Rickman, we understand that child custody can be one of family law's most challenging and emotional aspects. As a parent navigating a divorce or separation, the well-being of your children is a top priority. 

Questions about living arrangements, decision-making authority, and time-sharing can stress an already difficult process. Our team is here to support and guide you through every step of this issue with compassion and commitment. We work to achieve optimum results that will serve you now and in the long term. 

Discuss your concerns with a Clermont child custody attorney at The Law Offices of Justin Rickman by contacting us at (888) 835-5840 for a consultation. Hablamos español.

Understanding Child Custody in Florida

Florida child custody is governed by a principle known as the “best interests of the child.” The courts focus on creating arrangements prioritizing the child's safety, happiness, and development. Florida no longer uses the term "custody," but instead refers to "parental responsibility" and "time-sharing."

Parental responsibility in Florida can be classified into two main categories:

  • Shared parental responsibility – Parents are jointly responsible for making major decisions about their child’s life, including education, healthcare, and religion. This arrangement is the preferred option in most cases, enabling both parents to remain actively involved.
  • Sole parental responsibility – One parent is granted full authority to make decisions about the child. This is less common and usually occurs in situations where shared parental responsibility may not be in the best interest of the child, such as cases involving abuse or neglect.

Time-sharing refers to the schedule that outlines where the child will live on given days and how time is divided between the parents. 

The Presumption of 50/50 Time-Sharing in Florida Custody Cases

Florida encourages custody arrangements that allow children to maintain relationships with both parents, provided it is safe and suitable.

A recent change in Florida law establishes the presumption that parents should have 50/50 time-sharing. If your custody case goes before a judge, the court must begin with the assumption that equal time-sharing is in the child’s best interests. 

However, the court may award an unequal time-sharing arrangement if evidence shows it would better serve the child's well-being. In such cases, the judge must identify and explain the statutory factors that justify deviating from equal time-sharing.

This presumption is “rebuttable,” meaning either party can challenge it, but they must prove why 50/50 is not in their child's best interests. 

Parents are encouraged to collaborate and agree on time-sharing schedules and parental responsibilities. Mediation can often help resolve disputes amicably. However, the court must approve any parenting plan to ensure it aligns with the child's best interests. If parents cannot agree, the court will intervene and issue an order based on the child’s needs and circumstances.

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What About Parental Relocation?

Under Florida law, a parent who wishes to move more than 50 miles away for 60 days or more with a shared custodial child must:

  • Obtain the other parent’s written consent, or
  • File a petition with the court. 

If both parents agree, the court must approve the relocation agreement. 

Without an agreement, the court will consider whether the move is in the child’s best interests, assessing factors such as the child’s relationship with each parent, the reasons for the move, and the impact on the existing time-sharing arrangement.

Consult Our Clermont Child Custody Attorney for Guidance

At The Law Offices of Justin Rickman, we work vigorously to resolve child custody matters during or after divorce efficiently and favorably.  

We can work closely with you to develop customized parenting plans, negotiate agreements, and, when necessary, represent you in court proceedings. We listen to your concerns, advocate for your rights, and prioritize your child's well-being throughout the process.

Request a consultation by calling us at (888) 835-5840 or completing our online contact form.

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