When a divorce or separation involves children, questions arise that require parents to carefully balance the best interests of their children with their own needs and goals. Determining custody arrangements is often the most emotional, stressful, and difficult part of any family law matter. It is also one of the most important.
Your relationship with your child is one of the most important relationships you will ever have, and at Jenkinson Legal, we understand the need to protect it. Whether your case arises from a divorce, a separation between unmarried parents, or a paternity action, Attorney AnnMarie Jenkinson is dedicated to helping you establish a parenting arrangement that truly serves the best interests of your children and preserves your precious time with them.
We specialize in litigating high-conflict child custody cases and are equally skilled at helping parents reach cooperative, workable agreements outside of court. Choosing the right family law attorney is the first step in protecting your rights. Child custody matters can become complex very quickly, and having an experienced, aggressive advocate in your corner from the very beginning can make all the difference in the outcome of your case.
We serve clients throughout Central Florida, including Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties. Call us today at (321) 837-9547 for a FREE initial consultation.
Florida Uses “Parental Responsibility” and “Time-Sharing,” Not “Custody”
It is important to understand that the traditional terms “child custody” and “visitation rights” are no longer used under Florida law. These terms have been replaced with parental responsibility and time-sharing. Understanding the distinction between the two is essential to understanding how Florida courts approach decisions involving children.
Parental responsibility refers to the authority to make major decisions on behalf of a child, including decisions about education, healthcare, religious upbringing, and extracurricular activities. Under Florida Statute § 61.13, shared parental responsibility is strongly favored in Florida and is typically awarded to both parents unless the court finds that shared responsibility would be detrimental to the child. In some cases, the court may designate one parent as having final decision-making authority over specific areas while both parents remain jointly responsible for others.
Time-sharing refers to the schedule that determines when the child physically resides with each parent. This is what was previously called “physical custody” and “visitation.” Time-sharing can be established through a divorce action when the parties have children born of the marriage, or through a paternity action when the child was born to unmarried parents. In all cases, the court’s decisions are guided by a single overriding standard: the best interests of the child.
The Best Interests of the Child Standard
In any parental responsibility or time-sharing matter, the court’s paramount concern is the best interests of the child. Florida Statute § 61.13(3) provides a detailed list of factors the court must evaluate when making these determinations. No single factor is controlling; the judge weighs all circumstances together. These factors include, but are not limited to:
- The demonstrated capacity of each parent to facilitate and support a close and continuing parent-child relationship with the other parent
- Each parent’s ability to act upon the needs of the child rather than their own needs or desires
- The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties
- The capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to those of the parent
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
- The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan
- The mental and physical health of the parents
- The moral fitness of the parents
- The home, school, and community record of the child
- The reasonable preference of the child, when the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference
- Any evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
- Any other facts considered by the court to be relevant
At Jenkinson Legal, we work with our clients to understand how these factors apply to the specific circumstances of their case and to present the strongest possible picture of their relationship with their children to the court.
Parenting Plans
Every Florida case involving minor children requires a court-approved parenting plan. A parenting plan is a written document that governs the details of the co-parenting arrangement after a divorce or separation. A judge will not finalize a dissolution of marriage or paternity case involving children without an approved parenting plan in place.
A comprehensive parenting plan must address:
- How the parents will share and be responsible for the daily tasks associated with the upbringing of the child
- The time-sharing schedule, including a detailed calendar of when the child will reside with each parent
- Holiday, school break, and summer vacation scheduling
- How each parent will communicate with the child during the other parent’s time
- Which parent will be designated as the primary contact for the child’s school and healthcare providers
- How parents will communicate with each other regarding the child’s welfare
Parents are encouraged to develop a parenting plan together, and Florida courts strongly prefer agreements reached by the parties over plans imposed by a judge. When parents cannot agree, the court will establish a parenting plan based solely on the best interests of the child.
At Jenkinson Legal, we help our clients build parenting plans that are realistic, child-focused, and durable. We want you to have a plan that works for your family now and that provides a solid foundation for co-parenting in the years to come. Whether your case can be resolved through mutual agreement, mediation, or requires litigation, we are committed to pursuing the arrangement that is right for you and your children.
The 50/50 Time-Sharing Presumption
Florida law was significantly updated effective July 1, 2023, when the Legislature enacted a rebuttable presumption that equal, 50/50 time-sharing is in the best interests of the minor child. This was a landmark change to Florida family law that fundamentally shifted how courts approach time-sharing schedules.
What this means in practice is that courts now begin with the assumption that equal time with both parents serves the child’s best interests. If one parent believes a 50/50 schedule is not appropriate, that parent bears the burden of proving by a preponderance of the evidence that an equal time-sharing arrangement would not be in the child’s best interests. Factors such as a history of domestic violence, substance abuse, a pattern of neglect, or one parent’s inability to meet the child’s day-to-day needs can overcome this presumption.
While the presumption favors equal time-sharing, it does not mandate it. Every family is different, and the specific facts of your case will determine what schedule is truly best for your child. Attorney AnnMarie Jenkinson can help you evaluate how this standard applies to your circumstances and develop the most effective strategy for your situation.
Relocation with Children
Florida’s time-sharing laws place a great emphasis on giving children ample opportunity to spend time with both parents on a regular basis. In light of this commitment, the state has strict laws that protect children from being separated from one of their parents through relocation.
Under Florida law, a parent cannot relocate with a child more than 50 miles from the residence established in the parenting plan without either a written agreement from the other parent or a court order approving the move. This applies regardless of the reason for the relocation, whether it is a new job opportunity, financial need, a new relationship, or any other circumstance.
If you need to relocate and the other parent does not consent, you must petition the court for permission. The court will consider the reasons for the relocation, the impact on the child’s relationship with both parents, the child’s ties to their current school and community, and the overall best interests of the child before making a decision. If the court approves the relocation, a new parenting plan will be established that addresses how both parents will continue to co-parent given the new distance between them.
If you want to move with your children to pursue a better life and beneficial opportunities, Jenkinson Legal can help you develop and present a compelling relocation petition. We are experienced in all aspects of Florida’s complicated relocation process and can provide you with the thorough legal counsel you need. Enlist the trusted guidance and advocacy of Attorney AnnMarie Jenkinson for your relocation matter.
Modification of Time-Sharing and Parental Responsibility
A parenting plan entered by the court is not permanent. When circumstances change substantially, an existing time-sharing arrangement or parental responsibility designation can be modified. To obtain a modification, the requesting parent must demonstrate a substantial, material, and unanticipated change in circumstances since the prior order was entered, and must show that the requested modification is in the best interests of the child.
Common circumstances that may justify a modification include a significant change in a parent’s work schedule, a parent’s relocation, a meaningful change in the child’s needs as they grow older, evidence of domestic violence or substance abuse that did not exist at the time of the prior order, or a consistent pattern by one parent of failing to comply with the existing parenting plan.
We also represent clients when the other parent refuses to comply with a court-ordered time-sharing schedule. If your co-parent is withholding your children or consistently interfering with your court-ordered time, we pursue enforcement and contempt remedies aggressively to protect your rights and your relationship with your children. Equally, if you have been accused of failing to comply with a parenting plan, we provide skilled representation to defend your position.
Fathers’ Rights
When it comes to family law, fathers are often faced with unique challenges in the legal system. If you are entering a divorce, custody dispute, or paternity matter, it is important that you know your rights as a father and have a clear understanding of your options before going to court. Here at Jenkinson Legal, we are experienced in providing aggressive advocacy focused on fathers’ rights throughout Central Florida.
As a father, you have fundamental legal rights that deserve to be protected, including:
- The right to meaningful contact and time-sharing with your children
- The right to be considered as a custodial parent on equal footing with the other parent
- The right to fair hearings and equal treatment under the law
- The right to participate in major decisions affecting your child’s life
- The right to child support calculated according to Florida’s statutory guidelines
- The right to contest court decisions that you believe are unfair
- Freedom from discrimination based on your gender as a parent
It can often feel like the cards are stacked against you in court. Whether you are entering a family law dispute for the first time or you have already been through the legal process and feel you were treated unfairly, experienced and informed counsel is essential to ensuring that your rights are respected and observed. Attorney AnnMarie Jenkinson is dedicated to helping fathers navigate the family law system and leveling the playing field in negotiations and in court.
We also represent fathers who have been falsely accused of domestic violence or abuse in the context of a custody dispute, as well as fathers in divorces involving questions about the paternity of a child. If the mother resists or disputes a paternity action, it is essential to have an attorney who fully understands these cases and aggressively advocates on your behalf. Let us help you protect your rights as a father. Call us today at (321) 837-9547.
Paternity and Time-Sharing for Unmarried Parents
Time-sharing rights are not limited to married parents going through a divorce. When a child is born to unmarried parents, either parent may seek to establish a formal time-sharing arrangement and parental responsibility through a paternity action. Until legal paternity is established, an unmarried father has no enforceable legal right to time-sharing with his child, regardless of his relationship with the mother.
Establishing paternity gives both parents enforceable legal rights and responsibilities, including the right to seek a parenting plan, time-sharing schedule, and child support order. If you are an unmarried parent seeking to establish or protect your rights with respect to your child, Jenkinson Legal can guide you through the paternity process and advocate effectively for a parenting arrangement that reflects the best interests of your child and your relationship with them.
Contact Jenkinson Legal Today
Determination of a child’s parental responsibility and time-sharing arrangement is often the most emotionally charged and consequential part of any family law case. The decisions made in these proceedings will shape your relationship with your child for years to come. You deserve an attorney who will fight aggressively to protect that relationship and who treats your family’s situation with the personal attention and care it deserves.
At Jenkinson Legal, we have one simple objective: provide personalized, one-on-one attention to our clients’ legal worries so they can concentrate on life and family. Attorney AnnMarie Jenkinson will be your constant confidant and dedicated advocate throughout this process. We invite you to schedule an appointment to discuss your needs, options, and legal rights as quickly as possible.
Call Jenkinson Legal today at (321) 837-9547 for a FREE initial consultation. You may also reach us by email through this website. We proudly serve clients throughout Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties.
Legal disclaimer: This page is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.
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