Orlando Child Custody Attorney
When your relationship with your child is at stake, you need clear legal guidance, practical strategy, and a family lawyer who understands how Florida family courts approach parenting disputes. Jacobs Law Firm represents parents in Orlando, Winter Park, Clermont, and throughout Central Florida in child custody, parenting plan, time-sharing, paternity, divorce, modification, and enforcement matters. Attorney Jonathan Jacobs is a proud father and parent’s rights advocate.
Parents often use the phrase “child custody,” but Florida law generally refers to these issues as parental responsibility, parenting plans, and time-sharing. These legal terms affect where your child will spend time (mom or dad’s residence), how major decisions will be made (shared decisions or one parent has control), how holidays and school breaks will be handled (winter break, summer break, etc.), and what happens if one parent refuses to follow the court-ordered schedule (your parenting plan).
If you are preparing for a custody/timesharing dispute, responding to a case filed by the other parent, trying to establish a parenting plan, or seeking to modify an existing order (final judgment), Attorney Jonathan Jacobs can help you understand your options and prepare for the next step.
Call Jacobs Law Firm today at 407-335-8113 to schedule a consultation. You are welcome to speak with Attorney Jacobs by phone, Zoom, or at either of our convenient office locations.
Child Custody, Time-Sharing, and Parenting Plans in Florida
Florida custody cases are not just about who “gets the child.” Children are not property and this should not be a sinister contest. The court must address a child’s schedule, each parent’s responsibilities, decision-making authority, methods of communication, manner of transportation, school issues (academic), health care (generally, only one parent maintains health insurance for the child), holidays, and other practical details that affect their daily life.
A parenting plan at a minimum should clearly explain how the parents will share responsibility for the child and how much time the child will spend with each parent. A strong parenting plan can reduce future conflict by answering questions before disagreements happen. Ambiguity and lack of clarity or specificity can lead to ongoing conflict in court.
A parenting plan may address:
- Weekday and weekend time-sharing
- School-year and summer schedules
- Holidays, birthdays, and school breaks
- Transportation and exchange locations
- Decision-making for education, health care, and activities
- Communication between the child and each parent
- Communication between the parents
- Travel rules and notice requirements
- Make-up time-sharing
- Dispute resolution procedures (go to mediation first? Or litigate at any time?)
The more specific the plan, the easier it may be to follow and enforce.
How Florida Courts Decide Child Custody and Time-Sharing
Florida courts focus on the best interests of the child. This standard much like irreconcilable differences can seem vague on the surface. It means the court looks at the facts of the family, the needs of the child, and the ability of each parent to provide stability, safety, structure, and a meaningful relationship with the other parent when appropriate. Which parent promotes coparenting, working together, and does not disparage the other?
Florida law includes a rebuttable presumption (not a guarantee, but a starting point) that equal time-sharing is in the best interests of a minor child unless the parties agree otherwise or the court finds a legal basis for a different schedule. This does not mean every case automatically results in a 50/50 schedule. It means the court begins with that presumption, and a parent who wants a different schedule must present evidence showing why equal time-sharing is not in the child’s best interests. Both sides have the opportunity to argue for or against equal timesharing.
Important custody and time-sharing evidence may include:
- Each parent’s involvement in the child’s school, medical care, and daily routines
- Each parent’s ability to encourage a relationship between the child and the other parent
- The stability of each home environment
- The child’s school, community, and activity schedule
- The distance between the parents’ homes
- Work schedules and availability
- Communication between the parents
- History of domestic violence, abuse, neglect, or substance abuse
- Each parent’s willingness to follow court orders and the parenting plan
Attorney Jonathan Jacobs helps parents identify the facts that matter, organize evidence, and prepare for negotiation, mediation, hearings, or trial. In fact, Attorney Jacobs prepares his clients by asking them tough questions and demanding they give serious thought to how they coparent.
Parental Responsibility: Who Makes Major Decisions?
In Florida, parental responsibility refers to decision-making authority for major issues affecting a minor child. Courts often order shared parental responsibility by statutory default, which generally means both parents participate in major decisions involving education, health care, and other important areas of the child’s life.
In some cases, shared decision-making does not work. If there are serious communication problems, safety concerns, domestic violence, or other facts showing that shared parental responsibility would be harmful to the child, the court may consider different decision-making arrangements. This is often referred to as ultimate decision-making authority.
A parenting plan should make decision-making responsibilities clear. Without clear language, parents may continue fighting about schools, doctors, therapy, activities, travel, and other issues long after the case is over.
Parenting Plans for Orlando, Clermont, and Central Florida Families
Every family is different. Some parents live close to each other and can use a frequent exchange schedule. Others live farther apart, have demanding work schedules, or need a more structured plan. Some cases require detailed provisions because the parents have a history of conflict. Other cases can be resolved through negotiation with a practical schedule both parents can follow.
Jacobs Law Firm helps parents build parenting plans for situations involving:
- Divorce with minor children
- Paternity and unmarried parents
- Timesharing disputes
- Requests for majority time-sharing
- Equal time-sharing schedules
- Holiday and summer schedules
- Long-distance parenting plans
- Relocation-related parenting issues
- Supervised or safety-focused time-sharing
- Modification of prior parenting plans
- Enforcement of existing court orders
Our goal is to create a plan that protects your parental rights, supports your child’s stability, and reduces unnecessary conflict. Please be prepared for thorough discussions and creating a parenting plan that works not only for you, but also for your minor child and the other parent. Just because they may be unreasonable does not give you cart blanche to behave irresponsibly. It is about your kid(s), not about hurt feelings.
Child Custody and Child Support Are Connected
Time-sharing can affect child support, but custody and support are not the same issue. A parent may still owe child support even with substantial or equal time-sharing. The court may consider each parent’s income, the number of overnights, health insurance, daycare costs, uncovered medical expenses, and other child-related expenses. For example, if you earn $60,000.00 per year, your spouse earns $100,000.00 per year, and you pay $220.00 per month in health insurance for your child, even with equal time-sharing, your spouse is likely to owe you child support. Child support guidelines are required by the family court.
Because parenting plans and child support often overlap, it is important to think carefully before agreeing to a schedule. A parenting plan should be realistic for your work schedule, your child’s needs, transportation, school responsibilities, and the financial issues involved.
Jacobs Law Firm helps parents evaluate both the parenting and financial sides of a Florida family law case.
Modifying a Parenting Plan or Time-Sharing Order
Life changes after a custody order is entered. Parents move. Work schedules change. Children get older. School needs change. One parent may stop following the schedule. In some cases, a prior parenting plan no longer works.
Florida courts generally require a substantial and material change in circumstances before modifying a parenting plan or time-sharing schedule. The requested change must also be in the child’s best interests.
Common reasons parents ask about modification include:
- A parent’s relocation or change in residence
- A major change in work schedule
- Repeated violations of the parenting plan
- Safety concerns
- A child’s changing school or medical needs
- Long-distance parenting issues
- One parent’s failure to communicate or cooperate
- A schedule that no longer serves the child’s best interests
Before filing for modification, it is important to understand what evidence the court may need and whether your situation meets the legal standard.
Enforcing a Parenting Plan
A court-ordered parenting plan is not optional (exceptions may apply if both parents are working together and have clear communications for their child’s best interests). If the other parent refuses exchanges, withholds the child, denies time-sharing, ignores holiday schedules, or repeatedly violates the order, you may have legal options.
Depending on the facts, the court may order make-up time-sharing, attorney’s fees, parenting education, sanctions, or other remedies. The right approach depends on the order, the violations, the evidence, and the child’s best interests.
If you are being denied time with your child, start documenting the problem. Save messages, missed exchange details, dates, times, and any evidence showing what happened. Then speak with Attorney Jacobs about the best way to protect your rights.
Why Parents Choose Jacobs Law Firm
Child custody cases are emotional, but the court process requires preparation, evidence, and strategy. Jacobs Law Firm helps parents understand what matters legally and how to present their position clearly.
Clients contact Jacobs Law Firm because they want:
- Direct guidance from a family law attorney
- Clear explanations of Florida custody and time-sharing law
- Help preparing for mediation, negotiation, hearings, or trial
- Practical advice focused on the child’s best interests
- Assistance with parenting plans and support issues
- Representation in Orlando, Winter Park, Clermont, and surrounding Central Florida communities
- In-person and/or virtual consultation options when appropriate
Attorney Jonathan Jacobs understands that custody cases are about more than legal paperwork. They affect your relationship with your child, your schedule, your finances, and your future. Let’s talk and get to the heart of the matter.
Speak With an Orlando Child Custody Lawyer
You do not have to handle a custody dispute alone. Whether you are trying to establish a parenting plan, protect your time-sharing rights, modify an existing order, or respond to the other parent’s claims, Jacobs Law Firm can help you understand your options.
Call 407-335-8113 today to schedule a consultation with Jacobs Law Firm.
Winter Park Office
331 S Wymore Rd
Winter Park, FL 32789
Clermont Office
838 W Desoto St
Clermont, FL 34711
Jacobs Law Firm serves parents in Orlando, Winter Park, Clermont, Orange County, Lake County, and throughout Central Florida.
Frequently Asked Questions About Orlando Child Custody
Does Florida still use the term child custody?
Parents still commonly say “child custody,” but Florida family law generally uses terms such as parenting plan, parental responsibility, and time-sharing. A parenting plan explains how parents will share time with the child and make important decisions. Time-sharing in plain English means (for example) one parent has every Monday and Tuesday overnight, the other parent has the child every Wednesday and Thursday overnight, with alternating weekends.
Is 50/50 time-sharing automatic in Florida?
No. Florida law includes a rebuttable presumption that equal time-sharing is in the best interests of the child, but the court may order a different schedule when the evidence supports it. The facts of the family and the child’s best interests still matter. Rebutting equal timesharing does not mean some huge victory. It could mean a 60-40 schedule. Meaningful timesharing with both parents is encouraged.
What is a parenting plan?
A parenting plan is a written plan that explains how parents will share responsibilities and time with their child. It may address weekly schedules, holidays, school breaks, transportation, health care, school decisions, communication, and other parenting issues. You can customize a parenting plan or the court will order one for you.
Can a parenting plan be changed?
A parenting plan may be modified when the legal standard is met. In general, the parent requesting the change must show a substantial and material change in circumstances and prove that the requested modification is in the child’s best interests. This threshold standard has been modified and encouraged growing litigation.
What happens if the other parent violates the parenting plan?
The court may have several enforcement options, including make-up time-sharing, attorney’s fees, parenting education, sanctions, or other remedies. The best option depends on the specific order and the evidence of noncompliance.
Do unmarried parents need a parenting plan?
Unmarried parents may need a parenting plan to establish parental responsibility and time-sharing. Paternity, child support, and time-sharing issues are often connected, so it is important to get advice before agreeing to terms or filing paperwork. If you do not have a court-ordered parenting plan, relocation can be a major issue.
Should I talk to a lawyer before mediation?
Yes. Mediation can result in agreements that affect your child, your schedule, your decision-making rights, and your financial obligations. Speaking with a lawyer before mediation can help you understand your rights and avoid agreeing to terms that may create problems later. Call us today!