FLORIDA CHILD CUSTODY & FAMILY LAW
Orlando Child Custody & Time-Sharing Attorney Serving Florida Families
Serving parents throughout Orlando, Winter Park, Windermere, and Orange, Seminole & Osceola Counties.
When parents separate or divorce, decisions about your children can become some of the most important — and most difficult — decisions you will face. MGM Law Group helps parents address timesharing, parenting plans, parental responsibility, child support, modification, relocation, and other family-law matters affecting their children with strategic advocacy and compassionate counsel.
- The Florida Bar Licensed
- Confidential Fla. Evid. Code § 90.502
Understanding Your Rights Starts With Understanding The Process
Florida Parenting Matters at a Glance
Parenting Plans
Establishes daily legal protocols for sharing tasks and essential decision-making responsibilities.
Fla. Stat. § 61.13(2)
Time-Sharing
Florida uses the term "time-sharing" rather than physical custody to outline overnights with each parent.
Overnight Allocation
Responsibility
Determines medical, schooling, and religious decision-making—shared or allocated based on child needs.
Legal Authority
Best Interests
Florida courts determine all parenting schedules according to the child's physical and emotional best interests.
Governing Standard
Child Support
Addressed distinctly from the parenting schedule under the statutory income shares calculation framework.
Fla. Stat. § 61.30
CHILD CUSTODY IN FLORIDA AT A GLANCE
What Is "Child Custody" in Florida?
In Florida family law, the legal terminology has evolved beyond outdated concepts like “sole custody” or “visitation.” Instead, Florida statutes structure parent-child relationships through two distinct, co-equal legal pillars: Parental Responsibility (who makes pivotal medical, educational, and legal decisions) and a Time-Sharing Schedule (a court-approved timetable establishing exactly where your child spends each day and night).
Both pillars are formalized inside a comprehensive, state-approved Parenting Plan. Under Florida Statute § 61.13, judges are legally obligated to evaluate all proposed plans through the sole metric of the child’s best interests.
“The goal isn’t simply to divide hours or overnights on a calendar. It is to architect a dependable, workable parenting framework that shields your child from parental friction and protects their long-term security.”
START WHERE YOU ARE
What Are You Facing Right Now?
Every custody dispute carries distinct legal demands. Select your situation below toreview tailored strategic counsel.
I'm Separating From My Child's Other Parent
Understand how to establish initial temporary timesharing without forfeiting your rights or disrupting your child’s routine.
My Child's Other Parent Filed a Case
Florida civil summons require strict 20-day responsive filings. Learn how to protect your standing immediately.
We Can't Agree on a Parenting Schedule
From 2-2-3 models to alternating weeks, explore schedule formats tailored to work schedules and school locations.
We Disagree About Important Decisions
Resolve deadlocks concerning therapy, private versus public schooling, medical care, and ultimate decision authority.
Concerned About Child Safety / Well-Being
When substance abuse, neglect, or violence enters the picture, learn how Florida emergency motions protect children.
Current Parenting Plan Isn't Working
Children grow, jobs shift, and circumstances evolve. See if your case meets Florida’s substantial change threshold.
When Your Children Are Involved, The Stakes Are Personal
What Are You Facing Right Now?
Going through a family separation is emotionally taxing. You are navigating intense personal change while simultaneously having to make high-impact legal decisions.
At MGM Law Group, our mission is to eliminate fear through methodical legal clarity. We do not manufacture needless conflict; we establish strong, defensible positions rooted in Florida law so you can protect your parental bond and secure a healthy future for your children.
Our Core Commitment
“Preparation, Dignity, and Unwavering Child Advocacy.”
The 6 Questions Every Central Florida Parent Asks
Where will my child live on a day-to-day basis?
Understanding how school districts, travel logistics, and living quarters dictate initial parenting schedules.
How much time will I have with my child each week?
Navigating overnight rotations that align with your parental bond and daily commitments.
Who gets to make critical medical and educational decisions?
Why Florida’s standard of Shared Parental Responsibility requires clear dispute protocols.
How are major holidays, vacations, and summer breaks divided?
Creating fair alternating frameworks for Thanksgiving, Winter Break, Mother’s/Father’s Day, and travel blocks.
What happens if the other parent refuses to cooperate?
Enforcement mechanisms, contempt filings, make-up time-sharing, and attorney fee provisions.
Can an approved parenting plan be changed down the road?
The legal requirements for establishing a substantial, material, and unanticipated change in circumstances.
Understanding Parental Responsibility
Who Makes Important Decisions for Your Child?
Under Florida Statute § 61.13, courts order Shared Parental Responsibility unless it is determined to be detrimental to the child.
Education & Academic Path
Enrollment in public vs. private schools, specialized tutoring, 504 plans, IEP evaluations, and after-school programmatic commitments.
Healthcare & Mental Health
Selection of primary care physicians, orthodontic surgery, therapeutic psychological interventions, and vaccination choices.
Extracurriculars & Faith
Travel sports leagues, religious rites and ceremonies, cultural activities, and high-impact extracurricular schedules.
Shared vs. Sole Decision-Making
Sole Parental Responsibility is only awarded when shared authority would cause demonstrable detriment to the child (e.g., severe substance abuse, domestic violence, or abandonment).
Key Legal Takeaway
“Parental responsibility is about more than where your child sleeps. It determines how your child’s moral, physical, and educational future is guided.”
Time-Sharing in Florida
What Is a Time-Sharing Schedule?
A legally binding timetable setting forth the precise days, weekends, holidays, and school breaks each parent exercises physical care.
Weekday Routine
School drop-offs, homework supervision, meal routines, and evening extracurricular transport.
Weekend Rotations
Alternating Friday-Sunday or Thursday-Monday arrangements designed for recreational balance.
School & Summer Breaks
Structured blocks of 2 to 4 consecutive summer weeks, spring break rotations, and Thanksgiving sharing.
Holidays & Birthdays
Even/odd year rotations for Christmas Eve/Day, Mother’s Day, Father’s Day, and the child’s milestone dates.
Precision Draftsmanship
“A clear, exhaustive schedule reduces parental friction and eliminates ambiguity.”
Ambiguous clauses such as “reasonable visitation” invite recurrent legal fights. Our firm crafts exact pickup times, exchange checkpoints, and electronic communication windows.
Creating A Clear Framework
What Is a Florida Parenting Plan?
A required formal legal document approved by a family court judge that governs all interactions, communication, and decision structures.
Exchange Protocols & Transport
Specifies exchange locations (schools, curbside, or neutral public hubs) and which party provides transit.
Electronic Communication
Defines reasonable access for FaceTime, phone calls, or messaging applications like TalkingParents or OurFamilyWizard.
Out-of-State & International Travel
Notification timetables, passport custody, flight itineraries, and emergency contact requirements.
Dispute Resolution Mechanisms
Mandates parenting coordination or mediation steps before either party can file contested motions in court.
Emergency Medical Approvals
Clear authorizations for emergent surgical treatment without delayed parental consensus.
First Right of Refusal
Allows the other parent the initial opportunity to care for the child when childcare exceeds a specified duration.
Strategic Consideration
“The best parenting plan is not necessarily the longest one. It is one that clearly addresses the issues that matter to your family and reduces avoidable uncertainty.”
The Central Consideration
Florida Child Custody Decisions Focus on the Best Interests of the Child
Under Florida Statute § 61.13(3), judges evaluate comprehensive statutory factors to formulate parental orders. Here are key criteria courts assess:
Encouraging Bond
The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship with the other parent.
Historical Roles
The extent to which parental responsibilities were historically undertaken by each parent, rather than delegated to third-party care providers.
Continuity & Stability
The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity in schooling and community.
Geographic Practicality
The geographic viability of the parenting plan, with special attention to travel times and school-day transit schedules.
School & Community
The home, school, and community record of the child, including academic consistency and participation in civic networks.
Parental Health
The mental and physical health of the parents, evaluated solely as it bears directly upon parenting ability.
Safety & Protection
Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect under Florida statutory definitions.
Reasonable Preference
The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience.
“Your case should be built around documented facts — not assumptions about what custody should look like.”
A Common Question
Is Equal Time-Sharing Presumed in Florida?
Yes. Effective July 1, 2023, Florida law amended Florida Statute § 61.13 to create a rebuttable presumption that equal (50/50) time-sharing is in the best interests of a minor child.
However, this presumption is rebuttable. That means equal time-sharing is not guaranteed if evidence shows that equal division would be harmful to the child or physically unworkable given the realities of the family.
To rebut the presumption, a party must establish by a preponderance of the evidence that equal time-sharing is contrary to the child’s best interests under the statutory factors.
Circumstances Where 50/50 May Be Inapplicable
- Significant Distance: When parents reside too far apart to maintain daily attendance at the child’s school.
- Erratic Work Schedules: Extreme shift hours or frequent multi-day travel that prevents daily care.
- Infant Developmental Needs:: Specialized physical attachment considerations in early developmental stages.
- Substance Abuse or Domestic Neglect: Documented risk to the minor child’s immediate physical or emotional security.
Statutory Truth
“Equal time-sharing is presumed, but the final court order must still unconditionally serve the child’s best interests.”
Financial Support
How Does Child Support Relate to Time-Sharing?
While distinct legal obligations under the Florida statutes, your timesharing schedule directly influences the mechanical calculation of child support.
When a parent exercises 20% or more of the annual overnights (at least 73 overnights per year), the court applies the “Gross Up Method.” This formula adjusts support obligations down for the parent exercising additional overnights to account for duplicate household overhead.
However, courts reject efforts to manipulate timesharing schedules solely to minimize child support obligations.
“Time-sharing and child support are related, but they are not the same legal issue. A parent generally should not treat parenting time as something that can simply be exchanged for financial support.”
Statutory Mathematical Model
Florida Child Support Guidelines (§ 61.30)
Child support is calculated using a formula based on:
- Both parents' net monthly incomes
- The exact number of annual overnight stays (substantial timesharing threshold: 73+ overnights / 20%)
- Monthly health, dental, and vision insurance premiums
- Out-of-pocket recurring childcare / daycare costs
Crucial Rule: Time-sharing and child support are legally independent. A parent cannot withhold timesharing if the other is behind on support; conversely, a parent cannot withhold support if timesharing is obstructed.
When Agreement Isn't Possible
What Happens When Parents Cannot Agree?
When parents face deadlock, Florida family law provides an orderly procedural sequence to reach resolution.
IDENTIFY
Locate and compile a comprehensive inventory of all real property, liquid assets, investments, and debts.
Mandatory Mediation
Florida courts almost universally require formal mediation before hearing contested family matters.
Temporary Relief
Evidentiary hearings before a judge to establish interim schedules while the lawsuit proceeds.
Trial & Final Judgment
A contested bench trial where witnesses testify and the judge issues a binding permanent Parenting Plan.
Our Litigation Philosophy
“Strong advocacy does not mean creating conflict. It means being prepared when your child’s future requires it.”
When Circumstances Change
Can a Florida Parenting Plan Be Changed?
When a child is born to unmarried parents in Florida, the biological father has no automatic legal rights to time-sharing or decision-making until legal paternity is established through a court judgment, even if his name is on the birth certificate.
- A substantial, material, and unanticipated change in circumstances since the entry of the last final order; and
- That the proposed modification is strictly in the best interests of the minor child.
*Note: Under 2023 legislative amendments, a parent’s relocation within 50 miles may also be weighed differently when evaluating modified circumstances.
“A parenting plan created when your child was a toddler may not fit the reality of an active high school student.”
Common Modification Scenarios
Substantial Career or Shift Shift
A parent transitioning from night shift to standard day hours, enabling meaningful weekday involvement.
Parental Alienation or Interference
Chronic, intentional refusal by one parent to honor court-mandated timesharing or encourage communication.
Child's Maturing Academic & Special Needs
Significant diagnostic changes, therapeutic care programs, or high school educational curriculum requirements.
Safety, Relapse, or Household Endangerment
A substantial regression in parental fitness due to addiction, criminal behavior, or unstable home environments.
When A Parent Wants To Move
What Happens If One Parent Wants to Relocate?
Relocation is strictly regulated under Florida Statute § 61.13001. Unilateral moves without formal compliance can result in emergency orders compelling the child’s return and contempt sanctions.
50+ Miles
Any change in residence location of at least 50 miles from the primary residence for 60 consecutive days is deemed a legal relocation.
Written Consent
If both parents agree, they must file a written agreement with a revised timesharing schedule and transportation plan for court approval.
20 Days
If contested, a Petition to Relocate must be served. The non-relocating parent has exactly 20 days to file a formal legal objection.
Relocation impacts everything: school attendance, weekday schedules, flight logistics, and holidays. Professional legal representation is crucial whether seeking or challenging a move.
When Immediate Concerns Arise
What If You Are Concerned About Your Child's Safety?
When a child is facing imminent danger, Florida circuit courts have procedures to act swiftly on emergency motions.
MGM Law Group assists parents in navigating critical situations involving:
- Active domestic or dating violence
- Severe untreated substance abuse
- Physical, emotional, or sexual abuse
- Risk of unlawful child abduction
“When safety is a concern, verifiable facts and the procedural urgency of your filing dictate outcomes.”
Urgent Legal Remedies
Depending on the specific facts, options may include:
Emergency Ex Parte Injunctions: Immediate temporary protective relief without prior notice in verified emergencies.
Supervised Timesharing: Requiring visits to take place under professional or agreed third-party supervision.
Drug & Alcohol Testing: Court-mandated testing regimens prior to or during timesharing overnights.
What Happens Next?
The Florida Child Custody Process
From first intake to final decree, our structured seven-phase approach gives you clarity at every turn.
Initial Consultation
Confidential assessment of your children’s needs, parental concerns, and strategic objectives under Florida law.
Case Assessment
Gathering historical calendars, school schedules, medical records, and communication histories.
Filing or Responding
Drafting and serving the initial Petition for Dissolution/Paternity or filing timely responsive pleadings.
Discovery & Evaluation
Exchanging mandatory financial disclosures, witness depositions, and social investigations if needed.
Mediation Session
Court-mandated settlement conference with a Florida certified family mediator to negotiate terms.
Court Proceedings
If unresolved at mediation, evidentiary hearings and bench trial before the Ninth Judicial Circuit Judge.
Final Judgment & Parenting Order
The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience.
The MGM Difference
Strategic Advocacy. Compassionate Counsel.
Strong Advocate
We prepare every matter with the rigor of a trial docket, ensuring you hold the leverage needed to protect your parental rights.
Clear Legal Counsel
No bewildering legal jargon. We give you candid, realistic guidance on what judges in Orange and Seminole counties actually decide.
Compassionate Guidance
We understand that behind every legal brief is a parent protecting their child. We treat your matter with discretion and humanity.
A PERSONAL NOTE FROM MELISSA GABRIELA MORALES
"Your Child's Future Deserves Thoughtful Advocacy."
Dear Parent,
If you are reading this page, you are likely carrying a profound weight. Few experiences in life test our resilience quite like a dispute involving our children.
When I founded MGM Law Group, my vision was simple: to offer parents in Central Florida a place where fierce courtroom capability meets genuine, personal empathy. You do not need aggressive posturing that escalates conflict for its own sake. You need calm, strategic preparation that focuses on one thing above all else: your child’s well-being and your ongoing relationship with them.
Whether we reach an amicable agreement through mediation or present your family’s story before a judge, I will stand beside you at every step.
— Melissa Gabriela Morales
Founding Attorney, MGM Law Group
- Strong Advocate
- Compassionate Counsel
- Florida Family Law
- Orlando, Florida
FLORIDA FAMILY LAW CLARIFIED
Frequently Asked Questions
Clear, statutory answers to common questions about Florida child custody and timesharing.
01. Does Florida give preference to mothers over fathers?
No. Florida Statute § 61.13(2)(c) specifically prohibits gender-based preferences in timesharing and parental responsibility decisions. Both mothers and fathers begin on an equal footing before the court.
02. What does "50/50 custody" mean under current Florida law?
Under Florida law, a divorce is officially and legally referred to as a dissolution of marriage. The statutes (Fla. Stat. Chapter 61) govern this complete legal dissolution of the marital contract.
03. What is a parenting plan?
A parenting plan establishes how parents will share responsibilities and time with their child. It can address decision-making, time-sharing, holidays, transportation, communication, and other family-specific issues.
04. What is time-sharing in Florida?
Time-sharing refers to the schedule governing when a child spends time with each parent.
05. What is parental responsibility?
Parental responsibility concerns how parents share responsibility for major decisions affecting their child, including areas such as education and healthcare.
06. Can I get sole parental responsibility?
Possibly, depending on the facts and applicable legal standards. Florida law generally favors shared parental responsibility, but courts can consider circumstances that may support another arrangement.
07. Can a parenting plan be changed?
A parenting plan may be modified in appropriate circumstances when the applicable legal requirements are satisfied. The specific facts of the family matter.
08. Can a parent move away with a child?
Relocation involving a child is governed by specific Florida legal requirements. If you are considering moving or the other parent wants to relocate, it is important to understand the applicable requirements before acting.
09. Does 50/50 time-sharing mean there is no child support?
No. Time-sharing and child support are separate legal issues, although the parenting schedule can be relevant to child-support calculations.
10. What happens if the other parent violates our parenting plan?
The appropriate response depends on what occurred, the language of the existing order, and the surrounding circumstances. A lawyer can help evaluate the available legal options.
11. What if my child's other parent and I agree on everything?
If parents can reach a complete agreement, the matter may be resolved without a contested trial. The agreement should still be properly documented and incorporated into the appropriate court order when required.
12. Do I need a lawyer for a child custody case in Florida?
You are not necessarily required to have an attorney, but family-law matters involving children can involve significant legal and practical consequences. A consultation can help you understand your rights, responsibilities, and options.
Confidential Case Review
You Don't Have to Navigate a Parenting Dispute Alone.
Every day you wait without clear legal guidance can compromise your position. Schedule a direct consultation with MGM Law Group to evaluate your rights under Florida law.
- Direct evaluation with Founding Attorney Melissa Gabriela Morales
- Immediate review of existing schedules, filings, or text communications
- Realistic strategic assessment without false promises
Request a Confidential Consultation
Fill out this confidential form and our intake team will respond promptly.
*Submitting this request does not form an attorney-client relationship. All correspondence is held strictly confidential pursuant to Florida Evidence Code §90.502.