Orange County Child Custody Lawyer

If you’re dealing with child custody issues in Orange County, FL, it’s important to have an experienced legal team in your corner. Call McMichen, Cinami & Demps at 407-898-2161 to arrange a free, confidential consultation. Our experienced Orange County child custody lawyers can help you seek the best possible resolution.

Our legal team has over 50 years of combined experience. With an attorney in Florida who is Board Certified in Marital and Family Law, we offer the skilled and compassionate representation you need to navigate the family court system.

Why Choose McMichen, Cinami & Demps to Help With My Child Custody Case in Orange County, Florida?

When navigating child custody issues, reaching a fair agreement can be difficult, even if you and the other parent are on good terms following your divorce. By choosing McMichen, Cinami & Demps, you’re hiring a team that has the skills to help you resolve even the most complex issues. 

Our Orange County family attorneys have been recognized by The National Advocates Top 100 Lawyers, Super Lawyers, and Martindale-Hubbell. You can count on us to help your family resolve any issue that arises in your child custody dispute.

It’s never too early to start exploring your legal rights and options. Contact our Orange County child custody attorneys today to arrange a free consultation.

Overview of Florida Child Custody Laws and Time-Sharing

In Florida, what many people call child custody is generally referred to in court as parental responsibility and time-sharing. As a matter of policy, Florida courts generally favor parenting plans that allow children to maintain frequent and continuing contact with both parents. 

Unless there is a reason to award sole parental responsibility or otherwise restrict a parent’s time-sharing, courts typically prefer that the child maintain a relationship with both parents.

Florida courts focus on the child’s best interests when dividing parental rights and parenting time. While one parent may have more decision-making authority or more time-sharing than the other, arrangements that keep both parents involved are often favored when appropriate.

What Is Parental Responsibility in Florida?

Parental responsibility refers to a parent’s authority to make important decisions about a child’s upbringing, including education, health care, religion, and extracurricular activities. Depending on the circumstances, parents may share parental responsibility, or the court may give one parent sole parental responsibility or final decision-making authority over certain issues.

What Is Time-Sharing in Florida?

Time-sharing refers to the schedule that determines when the child spends time with each parent under a parenting plan. Courts generally favor arrangements that allow the child to maintain frequent and continuing contact with both parents when doing so is in the child’s best interests.

What Factors Are Considered When Resolving Time-Sharing Matters in Orange County?

When dividing parenting duties and responsibilities, the child’s well-being is always the most important consideration in time-sharing cases. Courts consider the family’s unique situation when evaluating the “best interests of the child” standard.

Some of the key factors that family law judges evaluate include:

• The ability of each parent to encourage a close parent-child relationship
• Each party’s ability to respect the parenting plan and time-sharing agreement once it is finalized
• Each party’s willingness to be reasonable and flexible
• Each parent’s mental and physical health
• Each party’s ability to meet the child’s needs
• How each parent interacted with the child prior to divorce or separation
• Each parent’s parenting responsibilities prior to the dispute
• Each parent’s work responsibilities
• The child’s prior home, school, and community history

The family court will consider these and other relevant factors even when two parents have proposed a parenting plan. If a proposed plan is not in the child’s best interests, the court can make changes when reaching a final order.

Who Determines Parenting Time in Orange County?

Two parents can develop a parenting plan that fits their needs and schedule. 

Parenting plans address a wide range of issues, including:

• The child’s day-to-day schedule
• How holidays will be divided between the parents
• Summer vacation schedules
• Who will be present with the child during school holidays
• Pickup and drop-off schedules

These arrangements can be incredibly complex. It’s always preferable for two parents to work together to develop a plan, as a collaborative approach is often the best way to minimize conflicts.

Our experienced child custody attorneys in Orange County have the skills to help throughout the legal process. We’ll facilitate negotiations and mediation with your co-parent. 

How Do Time-Sharing Agreements Work in Florida?

Parents have significant flexibility when developing a time-sharing plan. The goal is to ensure each parent maintains a strong relationship with their child. It’s also important to develop a plan that accommodates everyone.

Common time-sharing arrangements include:

• Alternating weeks: The child spends one week with each parent on a rotating basis.
• Midweek exchanges: The parents exchange the child once during the week in addition to a broader weekly or weekend schedule.
• Weeknight and alternating weekend schedules: The child spends several weeknights with one parent and alternating weekends with the other.
• Majority time-sharing with one parent: In some families, the child spends more overnights with one parent, while the other parent has scheduled time on weekends, holidays, or other agreed dates.
• Long-distance schedules: When parents live farther apart, the child may spend more time with one parent during the school year and extended time with the other during the summer or school breaks.

Geographic distance, the child’s age, school schedule, extracurricular activities, and each parent’s work obligations can all affect what arrangement makes the most sense. 

Can I Obtain a Modification of an Existing Parenting Plan or Time-Sharing Agreement in Orange County?

Your life will continue to change even after the court finalizes your parenting plan and time-sharing agreement. Parental responsibility agreements aren’t set in stone. The law realizes that your family’s life will evolve over time. 

While it’s important to adhere to the terms of any parenting plan or time-sharing agreement, it is possible to request modifications. In Florida, it’s possible to obtain a modification if a substantial and material change in circumstances has occurred. 

Common situations where a modification may be granted include:

• The child’s needs have changed over time
• Either parent is required to relocate for work
• One parent has refused to adhere to the terms of the existing arrangement 
• Either parent has failed to provide the child with proper care
• Either parent has abused the child or developed a problem with drugs or alcohol
• Either parent is cohabitating with a partner who is abusive or abuses drugs or alcohol

Any modification will have to be approved by the judge. Family law judges will review these requests based on the same standard that applied to the original arrangement: the child’s best interests.

What Happens if My Child’s Other Parent Violates the Court’s Parenting Plan or Time-Sharing Agreement?

In some cases, it will become necessary to involve the courts. Florida and most other states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act. Once a parental plan and time-sharing agreement are finalized, all family law courts must enforce them. 

Courts have significant discretion in enforcing either. They have the authority to hold your co-parent in contempt of court or determine that a modification is appropriate. It really depends on the facts and the non-compliant parent’s reasons for violating the order.

Contact an Experienced Orange County Child Custody Lawyer for a Free Consultation Today

Parental responsibility matters can be incredibly complex. It’s important to have an experienced Orange County child custody attorney by your side. With 50 years of combined experience, we have the knowledge to help you seek the best possible outcome for your family. We understand how stressful these disputes can be, and we are here to provide the guidance and advocacy you need at every stage of the process.

Reach out to our legal team at McMichen, Cinami & Demps to get the personalized attention you deserve today. We offer a free consultation.