Orlando Child Custody Attorney

Helping You Navigate Critical Child Custody Issues

The end of any relationship is an emotional time. In a best-case scenario, the two individuals have nothing tying them to each other and can move on. However, things become far more complex when children are involved. Disagreements over child custody can significantly complicate an otherwise simple divorce or separation. In such a situation, having a child custody attorney in Orlando, FL, on your side is imperative.

At the Law Office of Erin Morse, our family lawyers have seen the disastrous outcomes of many custody disputes. Parents without legal representation often don’t realize how complex these issues are. In many cases, they end up with a child custody arrangement that’s not beneficial for their child or themselves. The outcome of this case will play a significant role in your child’s life, so make sure you’re treating it with the seriousness it deserves.

Contact our Orlando child custody lawyers today for a confidential consultation.

Whenever a child custody dispute arises in Florida, assumptions are often made regarding outcomes. In many situations, people assume the mother will become the primary custodial parent. Then again, some people believe that the parent who is most financially secure will be granted custody. However, neither of these beliefs is true in every situation. That’s because a family court will make custodial decisions based entirely on the best interest of the child.

In doing this, the courts will consider a variety of factors. These include:

Each parent’s ability and willingness to cooperate with the other parent to serve the best interests of the child
The geographical viability of each party’s home
How long a child has been in a satisfactory and stable environment
The physical and mental well-being of each parent
The demonstrated ability of parents to provide consistent routines for the child
Considerations of domestic violence or abuse
Each parent’s demonstrated ability to communicate with their former partner regarding the child
Criminal or substance abuse histories may be relevant

With these considerations, it’s clear that neither the ex-husband nor the ex-wife will receive preferential treatment. This is also true in situations where parents have never been married. In an ideal scenario, former partners will be able to amicably make decisions in the best interest of their children. A child custody lawyer in Orlando, FL, can assist in this process.

When such an agreement isn’t possible, though, legal representation goes from ideal to essential. Contact our law firm today to learn how we can assist.

Custody Evaluations in Florida

A custody evaluation provides an in-depth review of the child’s living situation, the parent-child relationship, and each parent’s ability to meet the child’s needs. Evaluators may be mental health professionals or qualified social workers.

Evaluations may involve considering the following factors:

Parenting Capacity: Evaluators examine how effectively each parent meets day-to-day needs, fosters emotional support, and ensures proper supervision.
Home Environment: Conditions in each household are assessed, focusing on stability, safety measures, and overall suitability.
Child’s Adjustment: Observations may include the child’s level of comfort with each parent, academic performance, or any relevant behavioral changes.
Co-Parenting Communication: Evaluators look at each parent’s willingness to encourage ongoing contact with the other parent, collaborate on discipline, and facilitate consistent routines.
Psychological Health: Parental mental health challenges or substance abuse issues can significantly influence the evaluation’s outcome if they impact a parent’s ability to care for the child.

The results, typically presented in a written report, inform the court’s decision on a custody arrangement. Evaluators often make recommendations designed to maximize the child’s welfare and lessen tension between parents.

Florida’s Custody and Time-Sharing Laws

Florida law emphasizes the best interests of the child when determining custody and time-sharing arrangements. Courts in Orlando generally require parents to submit a parenting plan that outlines how they will share responsibilities, communicate regarding the child’s well-being, and allocate overnights or extended visits. Statutes highlight cooperation between parents so children can benefit from regular contact with each parent, barring any safety concerns. The statutory framework, found in Florida Statutes §61.13, ensures both parents remain involved in major decisions about healthcare, education, and extracurricular activities. Judges aim to facilitate a stable routine that supports the child’s developmental, emotional, and educational needs.

What if Parents Can Reach a Child Custody Agreement?

Florida courts prefer when parents can reach an amicable solution regarding child custody. Shared custody may be ideal, but the court considers scenarios where parents work together as positive. The question may arise regarding whether you need a child custody attorney in Orlando when you and the other parent agree. Even in these cases, you would benefit from legal representation, as certain legal requirements must be met.

Imagine a scenario where you spend hours discussing important matters with your former partner. You iron out a parenting schedule, decide who has residential custody, and even agree on a visitation schedule for grandparents. When you get before a judge, however, they decide that the agreement is not in the best interest of the child. Suddenly, all your hard work means nothing.

An Orlando child custody attorney can help ensure you’re following all necessary legal requirements when reaching an agreement with your former partner. And once the agreement is reached, they can handle all the paperwork and filing requirements. Put simply, anyone can benefit from Orlando child custody attorneys when dealing with child custody issues.

What Are the Rights of a Custodial and Noncustodial Parent?

There are many complexities to any child custody order, whether it was agreed upon by the parents or issued by the judge. Decisions by the court could include court orders granting full custody or joint custody. These decisions could focus on legal custody or physical custody. The rights of a custodial and noncustodial parent will depend entirely upon the court order.

For instance, a parent with full legal custody will be able to make important decisions about a child’s life. This includes where they go to school, their religious upbringing, healthcare decisions, and more. A parent with full physical custody will have the child under their care for most of the time. However, this doesn’t mean the noncustodial parent will not have time with their child.

Put simply, the individual with sole custody gets to make the bulk of decisions for a child. However, a noncustodial parent’s rights can vary significantly. That’s because these rights are laid out in the court order. They might share partial custody, or they may only get visitation rights. They could share authority over certain decisions but not others. Put simply, the court order is everything.

This is why you should contact an Orlando child custody lawyer today. We’ll fight to ensure you get a fair outcome.

Modifying Existing Custody Arrangements

Florida courts permit modifications when a substantial, material, and unanticipated change in circumstances affects the child’s welfare. A party requesting a change must show that the modification is in the child’s best interests.

Common reasons for modifications include:

Job-Related Relocation: Significant distance may disrupt time-sharing schedules or impact on the child’s continuity in schooling and community connections.
Financial Changes: A substantial increase or decrease in a parent’s income can lead to a revision of child-related responsibilities.
Medical or Educational Needs: If the child develops special needs that require one parent’s specialized care, adjusting the existing arrangement may be necessary.
Dangerous Living Conditions: Evidence of abuse, neglect, or severe instability in one household prompts the court to prioritize the child’s immediate safety.
Failure to Comply: Repeated violations of the custody order by one parent can demonstrate the need for a revised plan that ensures the child’s routine.

When parents agree on a modification, they can submit a proposed plan to the court for approval. If disagreements persist, the judge will schedule a hearing to assess whether the circumstances genuinely warrant a change.

What Happens in Cases of Domestic Violence?

If domestic violence has occurred in a relationship, it will certainly be a factor in child custody proceedings. It could affect who is chosen as the primary caregiver, whether a visitation agreement is possible, and many other important matters. Remember, the best interests of the child are paramount — so judges will make sure to consider claims of abuse.

Unfortunately, these cases can become incredibly complex. In many instances, victims never report intimate partner violence. If this is the case, you may need assistance establishing that such violence actually occurred. Unfortunately, it’s also the case that false claims of domestic violence are commonly made in child support and divorce cases. In this situation, you may need help disproving claims.

If you’ve found yourself in either of these situations, having an Orlando child custody lawyer on your side can prove invaluable.

FAQ

Can grandparents request custody in Florida?

Yes, but Florida law only allows grandparents to assume custody in limited circumstances where a parent’s rights are compromised or when the parents are deceased, unfit, or otherwise unable to care for the child. The court scrutinizes each situation to confirm that placing the child with grandparents serves the child’s best interests.

What happens if a parent violates a custody order?

The aggrieved parent may file a motion for contempt or enforcement. A judge can impose fines, modify time-sharing to compensate for lost visits, or even require supervised visits if repeated violations occur. These measures ensure that court-approved arrangements remain meaningful and that both parents honor the child’s need for a stable routine.

How does substance abuse impact custody?

If a parent’s substance abuse significantly impairs their ability to care for the child or presents a safety risk, the court may limit that parent’s time-sharing or require supervision. Judges also consider the parent’s willingness to seek treatment and maintain sobriety. Documented proof of rehabilitation efforts can improve a parent’s standing in custody proceedings.

Are custody agreements enforceable out-of-state?

Generally, yes. Under the UCCJEA, states respect the custody orders of other jurisdictions, provided the original state followed proper procedures in issuing the order. The parent seeking enforcement can register the Florida custody order in the new state, enabling local authorities or courts to help implement time-sharing.

Can custody terms be modified informally?

Informal changes—such as exchanging weekends or adjusting pickup times—are possible if both parents agree. However, these modifications are not legally binding unless approved by a court. If one parent then fails to follow an informal agreement, enforcement options are limited. Courts encourage formal modifications to ensure clarity and consistent application.

Contact Our Child Custody Attorneys in Orlando, FL Today

A child custody case could easily be the most difficult thing you ever go through. You want nothing but the best for your children, and in a perfect world, this would also be true for your ex-spouse. Unfortunately, former spouses often have differing views on what’s best for a child. If you’ve found yourself in such a situation, it’s imperative for you to seek the help of Orlando family law attorneys.

At the Law Office of Erin Morse, our child custody attorneys in Orlando, FL, are here to help you secure the best possible outcome. In some instances, this could mean reviewing your parenting plan and ensuring the agreement you’ve reached with your former partner is in line with the law. In other situations, it could mean aggressively representing you in a child custody proceeding to ensure a fair and beneficial outcome.

Contact us today at 407-900-7451 to schedule your confidential consultation. You’ll work with a Florida family law attorney committed to protecting parental rights and resolving even the most complex child custody matters.