How to Get Joint Custody in Orlando, FL 

Florida family courts begin child custody cases with the rebuttable presumption that a child benefits from both parents remaining in their life. If parents dispute custody, the court examines the evidence presented by both parties to determine what is in the child’s best interest. Therefore, the first step to get joint custody in Orlando is to file a custody action.

Filing for Joint Custody in Orlando, FL

Florida’s custody laws provide the process for filing for joint custody in Florida. The courts ensure the child’s best interests are met during child custody matters. 

The general steps for filing for joint custody in Orlando include:

  • File a petition for custody with the Family Division of the Orange County Circuit Court where you or your child resides
  • Your child’s other parent has a deadline to respond to your petition
  • Work with your lawyer to negotiate a parenting plan and time-sharing agreement with your child’s other parent
  • If you reach an agreement, your attorney prepares the agreement and files it with the court for approval
  • If you and your ex cannot agree to custody terms, you may be required by the court to enter mediation
  • The court may appoint a Guardian ad Litem to investigate and report to the court
  • When mediation and negotiation do produce a prospered parenting plan, the court schedules a hearing

Both parties present evidence supporting their position regarding custody at the custody hearing. The judge considers all evidence and decides what is in your child’s best interest.

The court may order joint custody and include terms both parents must obey. If the judge determines that a parent is unfit or joint custody is not in the child’s best interest, then the judge may grant one parent sole custody.

What Does a Joint Custody Parenting Plan Include in Florida?

A Parenting Plan is a written agreement describing each parent’s parental rights and responsibilities. 

The agreement must include:

  • Who is responsible for decisions and responsibilities related to school, health care, and other matters affecting the child
  • A time-sharing schedule detailing when a child will be with each parent
  • The technology and methods parents use to communicate with their child when the child is with the other parent
  • How parents will share the daily tasks and responsibilities of raising their child
  • Which parent’s address determines where the child attends school

The parenting plan may include additional details as needed. Even though parents submit a joint parenting plan to the court, the judge must find that the terms in the proposed plan are in the child’s best interest. If not, the judge may modify the terms of the parenting plan.

How Does Joint Custody Work in Orlando, FL?

There are two types of custody in Florida. The court may grant joint physical and joint legal custody. Legal and physical custody refer to separate rights regarding a child.

Legal custody gives a parent the right to make decisions for their child. A parent with sole legal custody makes important decisions for the child without consulting the other parent. Examples of important decisions include matters related to health care, education, ex-curricular activities, and religious upbringing. If parents have joint legal custody, they both have input in the decisions that impact their child.

Physical custody refers to the day-to-day parenting responsibilities and where the child resides. A judge may grant joint custody to parents who live near each other so they can split time with the child as nearly even as possible. However, even when judges grant joint custody, a child primarily lives with one parent to provide stability and continuity.

What Factors Do Judges Consider When Determining Joint Custody in Orlando, FL?

The primary concern for a custody matter is the child’s best interests. Therefore, judges consider the parents’ wishes when deciding joint custody cases. The judge may also consider a child’s reasonable preferences for custody. However, the child’s best interest will be the overriding factor.

To determine what is in the child’s best interest regarding joint custody, a judge considers:

  • The needs of the child
  • A parent’s physical and emotional ability to care for a child
  • Each parent’s involvement in the child’s life to this point
  • The location where each parent lives in relation to the child’s school and activities
  • Allegations of abuse, neglect, or domestic violence
  • Each parent’s willingness to facilitate a relationship between the child and the other parent

Judges consider all factors they deem relevant to deciding a joint custody case. They have broad discretion in determining what factors impact a child’s best interests.

Should You Hire an Orlando Joint Custody Lawyer?

Hiring an Orlando child custody lawyer is wise, even if you and your ex agree on custody terms. Custody matters can become complicated very quickly. What you thought was an amicable situation could become a bitter custody dispute. Even if the case remains amicable, having an attorney file the forms and navigate the system can make the process less stressful and avoid unnecessary delays.

Contact Our Orlando Child Custody Lawyers At McMichen, Cinami & Demps

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803