Winter Park Child Custody Lawyer

Compassionate Advocacy for Child Custody Cases

At Richard A. Heller, P.A., we understand that nothing is more important to a parent than the safety and well-being of their child. As such, we are committed to protecting your parental rights and ensuring your child’s best interests are safeguarded throughout the legal process. Florida child custody law can be complex and emotionally challenging, but with our personalized legal strategies and supportive counsel, we are here to guide you every step of the way.

By retaining a dedicated Winter Park child custody attorney from our firm, you gain an advocate who will vigorously defend your case, your rights, and your child’s future. Since 1990, our firm has been representing clients in divorce and family law matters throughout Winter Park & Greater Orlando. We understand the nuances of Florida family law and are prepared to pursue the best possible outcome for your case. Our familiarity with local court procedures ensures that you receive informed guidance tailored to your specific situation, giving you a strategic advantage in complex custody battles.

Secure your child’s future with the help of an experienced child custody attorney in Winter Park. Call (407) 501-4052 or contact us online to discuss your case today.

Understanding Child Custody Law in Florida

In Florida, the "best interests of the child" is the paramount consideration in all child custody matters. In July 2023, Florida changed the statute regarding these matters to make equal time-sharing the norm. The judges in Florida had already been moving in that direction for over a decade. Thus, if a parent seeks equal overnight time-sharing with a child, the Court must grant it unless it finds it is not in the child’s best interests. There are reasons not to do equal time-sharing (also called “50/50” time-sharing). Sometimes, it may be something simple, such as a parent not having the real ability to handle the child 50% of the time. Other times, it may require an investigation, such as those done by a Guardian Ad Litem. We help clients navigate this evolving landscape by providing clarity on how these changes could impact your particular case, anticipating potential hurdles, and planning effectively to ensure favorable outcomes.

In Florida, the word “custody” is generally not used anymore. It is now called “time-sharing,” and a “Parenting Plan” is made by the parties or the Court (if the matter goes to trial), which will state the parties’ rights & responsibilities regarding the child. The new Florida law still leaves open for discussion and potential litigation which parent should be designated as the primary residence of the child for school purposes. We guide parents in formulating comprehensive Parenting Plans that address critical issues such as holidays, vacations, and schooling, thus reducing ambiguities that could lead to future disputes.

What other states frequently call “joint physical custody,” Florida would refer to as equal time-sharing or “50/50 time-sharing.” What other states frequently call “joint legal custody,” Florida calls “shared parental responsibility.” Shared parental responsibility is granted in the overwhelming majority of cases. This phrase refers to equal rights to make major decisions regarding a child, and equal rights to information from teachers, doctors, etc. Our child custody attorneys in Winter Park diligently explain these responsibilities, ensuring both parents are engaged constructively in their child’s life.

Sole time-sharing or sole parental responsibility is granted in exceptional cases. If you believe that granting the other parent normal rights regarding the child would jeopardize your child's safety or well-being, it is crucial to share these concerns with your attorney. We can help assess your situation, determine the necessary steps to safeguard your child's welfare, and if needed, present a compelling argument to the court for sole time-sharing arrangements.

If you and the other parent wish to avoid litigation, we can assist you in drafting a legally binding parenting plan, which may then be submitted to the court for approval. Our proactive approach aims to foster cooperation and preserve family relationships by resolving disputes amicably whenever possible.

Common Challenges in Winter Park Child Custody Cases

Winter Park, like much of Florida, embraces the philosophy that a child's well-being is best served by maintaining strong relationships with both parents. However, achieving an equitable time-sharing arrangement can be fraught with challenges, especially when parents have conflicting views on what constitutes a child's best interests. At Richard A. Heller, P.A., issues such as work schedules, the child’s educational needs, and the geographical distance between parents’ homes often necessitate creative solutions and flexible thinking.

Another common challenge is navigating changes to existing Parenting Plans due to relocations or job changes. Florida law requires substantial justification for altering time-sharing arrangements, emphasizing the importance of the child’s stability. Our legal team is adept at guiding clients through these scenarios, ensuring any modifications are approached with thorough preparation and foresight to favorably sway court decisions.

Navigating the Court System in Winter Park

The legal procedures surrounding child custody cases in Winter Park can be intricate, involving multiple court appearances and adherence to procedural rules that may appear daunting to parents. The Orange County courthouse in Orlando serves as the primary venue for family law cases arising from Winter Park, and understanding its operational norms is essential. With our long-standing involvement in this jurisdiction, Richard A. Heller, P.A. offers valuable insights into the local legal culture and procedural nuances.

Our child custody attorneys provide guidance through every step of the court proceedings, from initial filings to final hearings, ensuring that all documentation is accurate and compelling. We emphasize open communication, keeping our clients informed and empowered to make decisions that could impact their family dynamics. By understanding the importance of thorough preparation and detailed planning, we aim to make the legal process as smooth and efficient as possible for our clients.