Miami Child Custody Lawyers

In Florida, "custody" is handled through time-sharing and a parenting plan. A Miami child custody lawyer helps you build or modify a parenting plan and advocates for an arrangement that serves your child's best interest.

Free Consultation Hablamos Español

Why families come to Connect Attorneys

Connect Attorneys is a Miami law firm serving clients throughout South Florida. Our family law attorneys focus on giving clients clear information and steady guidance, explaining how Florida law may apply and what to expect at each stage. Every client works directly with an attorney, and we serve South Florida families in English and Spanish.

Time-Sharing and Parenting Plans in Florida

Florida law uses the terms parental responsibility and time-sharing rather than custody. Parents are expected to create a parenting plan that describes how they will share decisions about the child and how the child will spend time with each parent. If the parents cannot agree, the court decides based on the child's best interest.

Florida law starts from a rebuttable presumption that equal time-sharing between the parents is in the best interest of the child. A parent who believes a different arrangement is better must show, by the greater weight of the evidence, that equal time-sharing is not in the child's best interest. The court still reviews a list of best-interest factors in every case.

(Source: Fla. Stat. § 61.13.)

Best-Interest Factors

When parents do not agree, the court weighs a list of statutory best-interest factors. These generally include each parent's ability to meet the child's needs, the stability of each home, the child's school and community, and each parent's willingness to support the child's relationship with the other parent. No single factor decides a case; the court looks at the full picture.

(Source: Fla. Stat. § 61.13.)

Modifying a Time-Sharing Order

A time-sharing order can be changed after it is entered, but not simply because a parent wants a different schedule. Florida generally requires a substantial and material change in circumstances, and the change must still be in the child's best interest. A parent who relocates within 50 miles may qualify to seek a modification.

(Source: Fla. Stat. § 61.13.)

Unmarried Parents: Paternity Comes First

When parents were never married, a father generally needs paternity legally established before a court can order time-sharing or parental responsibility for him. One common path is a voluntary acknowledgment of paternity, notarized or signed before two witnesses, which creates a presumption of paternity and, after 60 days, generally establishes it. Paternity can also be established through a court or administrative proceeding. Our paternity page explains the options.

(Source: Fla. Stat. § 742.10.)

Moving Away With a Child

A parent who wants to move the child's principal residence at least 50 miles away for at least 60 consecutive days generally needs either the other parent's written agreement or the court's approval. Temporary absences for vacation, education, or health care do not count. Relocation disputes have their own procedures and deadlines, so a parent on either side should act quickly. See our child relocation page.

(Source: Fla. Stat. § 61.13001.)

Preparing for Your Consultation

It helps to bring any existing parenting plan or court order, a calendar of the current schedule, school and medical information for each child, and copies of important messages between the parents. If there are safety concerns, tell us at the start so we can discuss options such as a domestic violence injunction. Fee arrangements vary depending on the nature and complexity of your matter, and we explain them before you decide anything.

Filing in Miami-Dade

Time-sharing and parenting matters in Miami-Dade are generally handled through the Eleventh Judicial Circuit Court, with filings made through the Miami-Dade Clerk of the Courts. We help parents understand the current process and prepare a parenting plan that fits their family. Our office is on Brickell Avenue in Miami, serving clients across South Florida.

This is general information about Florida law, not legal advice. How these rules apply depends on the details of your situation. Talking with an attorney is the clearest way to understand what they mean for you.

Frequently Asked Questions

These FAQs provide general information about Florida law and are not legal advice. The answers may not apply to your specific situation. Consult with an attorney for guidance on your particular case.

Does Florida favor mothers in custody cases?
No. Florida time-sharing law is gender-neutral and focuses on the best interest of the child. The law also starts from a rebuttable presumption that equal time-sharing is in the child's best interest. (Source: Fla. Stat. § 61.13.)
Is there a 50/50 custody presumption in Florida?
Yes. Florida law now includes a rebuttable presumption that equal time-sharing is in the best interest of the child, which a parent can rebut by the greater weight of the evidence. (Source: Fla. Stat. § 61.13.)
Do I need a lawyer for a child custody case?
You are not required to have one, but time-sharing disputes involve detailed parenting plans, statutory factors, and court procedures. A consultation can help you understand your options before you file or respond.
How much does a child custody lawyer cost?
Fee arrangements vary depending on the nature and complexity of your matter. Contact us for details. The first consultation is free.
Can the other parent move away with our child?
A move of 50 miles or more for at least 60 consecutive days generally requires the other parent's written agreement or court approval. (Source: Fla. Stat. § 61.13001.)
I was never married to my child's mother. Do I have time-sharing rights?
Generally, paternity must be legally established first, for example through a voluntary acknowledgment or a court proceeding. After that, the court can address time-sharing and parental responsibility. (Source: Fla. Stat. § 742.10.)
How do I change a time-sharing order?
A modification generally requires a substantial and material change in circumstances, and the change must be in the child's best interest. (Source: Fla. Stat. § 61.13.)

Talk With a Family Law Attorney

If you are facing a divorce, custody, support, or other family law matter, we can help you understand your options under Florida law. Schedule a free, no-obligation consultation.

Call Today For A Free Consultation