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Miami Child Custody Lawyer

Protecting your parental rights and your children's best interests through skilled advocacy in time-sharing, parenting plans, and parental responsibility matters.

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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.

Custody cases in Miami are heard in the family division of the Eleventh Judicial Circuit, where judges decide every parenting plan under the best-interest factors of Section 61.13 of the Florida Statutes. A child custody lawyer in Miami who knows how local judges weigh those factors — school stability, each parent’s work schedule, a child’s ties to their Miami neighborhood — can shape your evidence and your parenting proposal accordingly. For unmarried parents, custody rights begin with establishing paternity; our Miami paternity lawyers handle that process. And if you already have an order that no longer fits your life, see how to modify a child custody agreement in Miami.

Every case begins with a free, confidential consultation in English or Spanish. You will speak directly with an attorney, get an honest assessment of your position under Florida’s best-interest standard, and leave with a concrete plan for protecting your relationship with your children.

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.

1

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.

2

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.

3

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.

4

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.

5

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.

How Florida Judges Decide Custody: The Best-Interest Factors

Florida courts decide every time-sharing and parental responsibility dispute under one legal standard: the best interests of the child. Florida Statute §61.13 lists the specific factors judges must weigh — and understanding them is how you build a winning custody case.

  • Each parent's capacity to facilitate a relationship with the other parent — judges penalize parents who badmouth or block contact.
  • Stability and continuity — keeping the child in the same school, home, and community.
  • Each parent's involvement in the child's daily life: school, doctors, activities, homework.
  • Parental capacity and moral fitness — including mental and physical health.
  • History of domestic violence or abuse — which can severely restrict time-sharing.
  • The child's preference, if the child is mature enough to express a reasoned one.
  • Each parent's willingness to follow the parenting plan and adapt to changes.

Since July 2023, Florida law (SB 1416) starts from a rebuttable presumption that equal 50/50 time-sharing is in the child's best interest. That is a major shift: fathers and mothers now begin on equal footing, and the parent seeking a different split carries the burden of proving why. We prepare that evidence — school records, communication logs, witness testimony — before the first hearing.

How Much Does a Child Custody Lawyer Cost in Miami?

Custody costs depend almost entirely on whether you and the other parent can agree. These are realistic ranges for Miami-Dade family cases:

ServiceTypical Cost
Agreed parenting plan (flat fee)$1,500 – $3,500
Contested custody case (retainer, then hourly)$2,500 – $5,000 retainer
Hourly rate for contested matters$250 – $450/hour
Custody modification$1,500 – $3,500
Guardian ad litem / custody evaluation (if ordered)$2,000 – $5,000

* Estimated ranges for typical Miami-Dade cases. Your free consultation includes a written fee quote for your specific situation.

Every issue you resolve by agreement — the schedule, holidays, decision-making — is an issue you don't pay to litigate. When agreement is possible, we lock it in fast. When it isn't, we litigate strategically, not endlessly. Read our related guide on divorce costs in Miami for the bigger financial picture.

Common Questions

Child Custody Lawyer Miami: Frequently Asked Questions

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.

How much does a child custody lawyer cost in Miami?

Costs depend on whether your case settles in mediation or goes to trial, and whether evaluations or a guardian ad litem are involved. Many custody matters resolve at mediation, which keeps costs predictable. We quote our fees in writing before work begins, offer payment plans, and your initial consultation is free — call (786) 671-4878 for a clear estimate for your situation.

How long does a custody case take in Florida?

An agreed parenting plan can be approved by the court in a matter of weeks. Contested custody cases that require mediation, evaluations, or trial typically take six months to a year or longer in Miami-Dade, depending on the court's calendar and the level of conflict. Emergency motions for temporary relief can be heard much faster when a child's safety or stability is at immediate risk.

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.

At what age can a child choose which parent to live with in Florida?

There is no specific age at which a child can decide. Florida courts may consider the reasonable preference of a child who has sufficient intelligence, understanding, and experience — usually in the teenage years — but the preference is only one of more than 20 best-interest factors, and the judge makes the final decision. A child never testifies in open court in most Miami-Dade custody cases; preferences are typically conveyed through a guardian ad litem or evaluation.

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.

What factors do Florida judges consider in custody cases?

Florida Statute §61.13 requires judges to weigh the child's best interests, including each parent's capacity to foster a relationship with the other parent, stability of the child's home and school life, each parent's involvement in daily care, moral fitness, any history of domestic violence, and the child's own preference if mature enough.

How much does a child custody lawyer cost in Miami?

An agreed parenting plan typically costs a flat fee of $1,500 to $3,500. Contested custody cases usually require a $2,500 to $5,000 retainer with hourly billing of $250 to $450. Modifications run $1,500 to $3,500. We provide a written quote at your free consultation.

Can a father get 50/50 custody in Florida?

Yes. Since July 2023, Florida law presumes that equal time-sharing is in the child's best interest (SB 1416). Both parents start on equal footing regardless of gender, and the parent who wants a different arrangement must prove why 50/50 would not serve the child.

Ready to Protect Your Parental Rights?

Schedule a free, confidential consultation with an experienced Miami child custody attorney. We will help you understand your rights and develop a strategy for your family's future.

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