Child Custody Lawyer Miami | Time-Sharing & Parenting Plans

When parents separate or divorce, few issues carry more emotional weight than determining where their children will live and how major decisions about their upbringing will be made. At Lacayo Law Firm, we understand that your relationship with your children is the most important thing in your life, and we fight to protect that bond.

Child Custody Lawyer Miami - Parenting Plans at Lacayo Law Firm

Our Miami child custody attorneys represent parents throughout Miami-Dade, Broward, and Palm Beach counties in all aspects of time-sharing, parental responsibility, parenting plan development, custody modifications, and relocation cases. We approach every case with the care, diligence, and aggressive advocacy your family deserves.

Key Issues in Child Custody

What Your Custody Case May Involve

Every family situation is unique. Here are the most common issues our attorneys help parents resolve.

Time-Sharing Schedules

Developing fair and workable time-sharing arrangements that prioritize your children's stability while protecting your right to meaningful parenting time.

Parenting Plan Development

Drafting comprehensive parenting plans that address daily responsibilities, decision-making authority, holidays, and communication protocols.

Parental Responsibility

Advocating for shared or sole parental responsibility over major decisions including education, healthcare, religious training, and extracurricular activities.

Relocation Cases

Representing parents seeking to relocate with their children or opposing a relocation that would significantly impact the parent-child relationship.

Custody Modifications

Petitioning the court to modify existing parenting plans and time-sharing schedules when substantial changes in circumstances warrant an update.

Emergency Custody Orders

Seeking immediate court intervention when a child faces imminent danger, including cases involving domestic violence, abuse, neglect, or parental abduction risk.

The Custody Process

How a Florida Custody Case Works

Understanding the process helps you prepare for every stage of your case.

Initial Consultation

We review your family situation, discuss your goals for time-sharing and parental responsibility, and develop a strategy tailored to your case. This is your opportunity to understand your rights and the process ahead.

Filing the Petition

Your attorney files the appropriate petition with the court, whether as part of a divorce, a paternity action, or a standalone custody proceeding. The other parent is served and given an opportunity to respond.

Discovery & Evaluation

Both parties exchange relevant information about their living situations, parenting capabilities, and the child's needs. In some cases, the court may appoint a guardian ad litem or order a social investigation to assess the family dynamic.

Mediation

Florida courts typically require mediation before a custody trial. A neutral mediator helps both parents negotiate a parenting plan that works for everyone. Many cases are successfully resolved at this stage.

Trial or Final Hearing

If mediation does not result in an agreement, the case proceeds to trial where a judge evaluates the evidence and makes a determination based on the child's best interests. If an agreement is reached, the court approves the parenting plan at a final hearing.

Common Questions

Child Custody FAQ

Does Florida use the term "custody" in family law cases?

Florida eliminated the terms "custody" and "visitation" from its family law statutes in 2008. Instead, the state uses "time-sharing" to describe the schedule of time each parent spends with the child, and "parental responsibility" to describe decision-making authority over major issues affecting the child. While these terms differ, the underlying legal concepts are the same as what most people think of as custody.

What factors does a Florida court consider when determining time-sharing?

Florida courts evaluate over 20 factors under Section 61.13 of the Florida Statutes. Key considerations include each parent's ability to meet the child's needs, the moral fitness of the parents, the child's preference if mature enough, the geographic viability of the parenting plan, evidence of domestic violence or abuse, and each parent's willingness to encourage a close and continuing relationship with the other parent.

What is the difference between sole and shared parental responsibility?

Shared parental responsibility means both parents share decision-making authority on major issues such as education, healthcare, and religious training. Sole parental responsibility grants one parent full decision-making authority and is only awarded when shared responsibility would be detrimental to the child. Florida strongly favors shared parental responsibility in most cases.

Can a parenting plan or time-sharing schedule be modified?

Yes. A parent can petition the court to modify a parenting plan or time-sharing schedule by demonstrating a substantial, material, and unanticipated change in circumstances that affects the best interests of the child. Common reasons include relocation, changes in a parent's work schedule, the child's evolving needs as they age, or safety concerns in one parent's home.

Can a parent relocate with the child to another city or state?

Under Florida Statute 61.13001, a parent who wants to relocate more than 50 miles from their current residence must either obtain written agreement from the other parent or seek court approval. The court evaluates whether the move serves the child's best interests and considers factors such as the reason for the move, the impact on the child's relationship with both parents, and the feasibility of maintaining meaningful time-sharing after the relocation.

Miami Child Custody Lawyer