Does Florida favor mothers?

No. There is no presumption for either parent. The statute directs courts to consider the best interests of the child, and Florida public policy favors both parents having frequent and continuing contact.

Can my child choose where to live?

A child's reasonable preference may be considered if the court finds the child has sufficient intelligence, understanding, and experience - but it is one factor, never the deciding vote.

Can a time-sharing schedule be changed later?

Yes, through a modification action. You must show a substantial, material, and unanticipated change in circumstances and that the change serves the child's best interests.

What if the other parent won't follow the schedule?

Repeated violations are enforceable. Courts can order make-up time-sharing, attorney's fees, and other sanctions for contempt.

Child Custody

Parenting plans and time-sharing built around your children, not a template.

Child custody and time-sharing decisions are among the most important aspects of a divorce or dissolution proceeding. Florida orders rarely use the word 'custody' - instead they set parental responsibility (who makes major decisions) and a time-sharing schedule (where your children actually live), together with the children's legal residence.

In deciding how parental responsibilities should be shared, carefully consider your children's current and future needs, your economic situation and your spouse's, and which parent has the superior caretaking ability and availability. We help parents present a credible, workable plan - school calendars, holidays, exchanges, communication and decision-making on health and education.

How we help

Determine a time-sharing schedule for each parent and the children's legal residence.
Draft parenting plans that anticipate real life: work schedules, travel, school calendars and extracurriculars.
Address the statutory best-interest factors with evidence rather than adjectives.
Handle relocation petitions and objections when a parent intends to move more than 50 miles.
Resolve problems with an existing court-ordered custody arrangement.

Frequently asked questions

DiMaggio Law Offices represents clients in child custody matters throughout South Florida, including Fort Lauderdale, Sunrise, Hollywood, Pembroke Pines, Coral Gables, Miami, Miami Beach, Boca Raton, West Palm Beach and Delray Beach.