Most Common Florida Custody Issues

Custody disputes can be emotionally challenging and legally complicated, especially when determining what is best for a child. In Florida, family courts prioritize the child’s well-being, making time-sharing, medical treatment decisions, relocation, contact with a parent, and physical custody key concerns in custody cases. The experienced legal team at Reyes, Reves & Betancourt, PLLC provides guidance to individuals in Miami and surrounding areas facing these issues.

Time-Sharing Challenges

Florida courts emphasize shared parental responsibility, which typically involves both parents contributing to significant decisions regarding their child’s upbringing. However, disputes often arise regarding time-sharing schedules. Factors such as parents’ work hours, the child’s school schedule, and how close everyone lives play important roles in creating a fair plan. Parents facing difficulties with time-sharing agreements should seek assistance from a family law attorneys in Miami, FL to ensure that their rights and their child’s best interests are protected. Visit our practice areas to learn more about our services in family law.

Facing Medical Treatment Disputes When Co-Parenting Between Divorced Parents?

Medical treatment decisions can become contentious when parents disagree on how to address their child’s health needs. Florida courts encourage parents to resolve these conflicts through shared decision-making, but in some cases, one parent may be granted authority to make specific medical decisions. These disputes often require legal intervention to safeguard the child’s well-being. If you are facing challenges in this area, consulting a Miami family lawyer can provide clarity and assistance.

Relocation Issues

Relocation is another common custody issue in Florida. According to Florida Statute 61.13001, a parent wishing to move with their child more than 50 miles from their current residence must obtain either the other parent’s consent or court approval. To obtain court approval it is important that you consult with a family law attorney experienced in filing what is called a “Petition for Relocation”. Florida courts prioritize the best interest of the child and evaluate factors such as the reasons for relocation, its impact on the child, and the feasibility of preserving the other parent’s relationship with the child. The Florida Supreme Court provided important guidance on relocation in Mize v. Mize, 621 So. 2d 417 (Fla. 1993). This case established key factors that courts must consider when determining whether to grant a parent’s request to relocate with a child, including the child’s relationship with both parents, the reasons for the relocation, and the impact on the child’s stability. The ruling underscored the importance of maintaining the non-relocating parent’s meaningful relationship with the child while also recognizing legitimate reasons for relocation. If relocation disputes arise, family legal services in Miami can help resolve the matter while protecting your parental rights.

Parental Contact Concerns

Florida law emphasizes the importance of both parents having a meaningful relationship with their child and the right to participate in raising them, that’s why ensuring meaningful contact with both parents is a cornerstone of Florida’s custody laws. However, disputes can emerge if one parent limits or interferes with the other’s access. Courts address these issues by enforcing time-sharing orders or modifying existing arrangements to prioritize the child’s best interests. In such situations, seeking support from our attorneys can ensure compliance with court orders and maintain balanced parental involvement.

Physical Custody and Residential Decisions

Physical custody in Florida is referred to as time-sharing. Courts in Florida presume that both parents will share equal amounts of overnight visits with the minor child. Disputes about physical custody can be particularly contentious, requiring thorough legal representation to advocate for fair arrangements and the best interest of the child. Engaging a family law attorney in Miami, FL can ensure your rights are protected while prioritizing your child’s stability and well-being.

As reaffirmed in Wade v. Hirschman, Florida courts carefully evaluate whether changes to existing custody arrangements are warranted. The ruling highlighted that modifications should only be made when there is a substantial change in circumstances that directly affects the child’s welfare. This case remains a crucial precedent for parents going through custody disputes in Florida.

Preserve Your Family’s Legacy

Custody disputes require careful legal guidance and a commitment to protecting the best interests of your child. At Reyes, Reves & Betancourt, PLLC, we provide personalized solutions tailored to your family’s unique needs. With a focus on achieving fair and amicable resolutions, our firm supports clients through all aspects of custody-related challenges. Contact us today to discuss your case and explore how we can help you in securing a brighter future for your family.