Child Custody Lawyer Miami
When parents separate or divorce, determining child custody (parental responsibility) and time-sharing (visitation) can be one of the most emotionally charged and complex aspects of the legal process. Florida law prioritizes the best interests of the child, ensuring that both parents maintain a meaningful relationship with their children whenever possible. If you need legal assistance with child custody in Miami, a skilled child custody lawyer can help protect your parental rights and guide you through the legal process.
At Cruz Legal, P.A., attorney Marisol Cruz provides compassionate representation to parents navigating custody disputes, parenting plans, and time-sharing arrangements. Whether you are seeking sole custody, shared custody, or modifications to an existing order, we are here to fight for you and your child.
Understanding Child Custody in Florida
Florida no longer uses the term “custody” in family law cases. Instead, courts refer to Parental Responsibility and Time-Sharing to describe the rights and responsibilities of each parent.
Parental Responsibility (Decision-Making Authority)
Parental responsibility refers to who makes important decisions about the child’s:
- Education
- Healthcare and medical treatment
- Religious upbringing
Types of Parental Responsibility in Florida:
- Shared Parental Responsibility – Both parents make joint decisions about the child’s welfare. This is the most common arrangement, unless joint decision-making would be detrimental to the child.
- Sole Parental Responsibility – One parent has full decision-making authority if the court determines that shared responsibility would be harmful to the child (e.g., cases involving abuse, neglect, or severe conflict).
Time-Sharing (Visitation)
Time-sharing refers to the physical custody schedule, which outlines when the child will spend time with each parent. Florida law presumes that equal time-sharing (50/50) is in the child’s best interest, unless 50/50 is detrimental to the child. The actual schedule depends on various best interest factors, including each parent’s ability to care for the child.
Common time-sharing arrangements include:
- Week-on/week-off rotation
- Split weekdays and alternating weekends
- Extended summer and holiday schedules
If parents cannot agree on a time-sharing schedule, the court will decide based on the child’s best interests.
How Courts Determine Child Custody in Florida
Florida courts consider multiple factors when deciding custody and time-sharing, including:
- The child’s relationship with each parent
- Each parent’s ability to provide a stable home
- The child’s school and community ties
- Each parent’s physical and mental health
- Any history of domestic violence or abuse
- The ability of each parent to co-parent effectively
- The child’s preference (if mature enough to express one)
The goal is to ensure a safe, stable, and supportive environment for the child while maintaining a meaningful relationship with both parents.
Parenting Plans: A Required Document in Custody Cases
All Florida custody cases require a Parenting Plan, which is a legal document that outlines:
- Each parent’s time-sharing schedule
- How decisions about the child will be made
- Communication guidelines between parents
- Transportation arrangements
A well-structured parenting plan can help prevent disputes and ensure a smooth co-parenting relationship. If parents cannot agree on a plan, the court will create one.
Fighting for Sole Custody in Florida
In some cases, one parent may seek sole parental responsibility due to concerns about the other parent’s ability to care for the child. Courts may grant sole responsibility if:
- The other parent has a history of substance abuse
- There is evidence of domestic violence or neglect
- The parent has been absent or uninvolved in the child’s life
If you want Sole Parental Responsibility or need help in preventing the other parent from receiving it, our firm can help you present a strong case while protecting your parental rights.
Modifications to Custody and Time-Sharing Orders
Life circumstances change, and custody arrangements may need to be modified. Florida law allows modifications to parenting plans and time-sharing schedules when there is a substantial change in circumstances, such as:
- Evidence of abuse, neglect, or instability
- One parent consistently violates the parenting plan
- A change in the child’s emotional, physical, and/or mental health
- One parent wishes to relocate fifty miles or more from their home (as identified in the last court ordered Parenting Plan)
If you need to modify an existing custody or time-sharing order, we can help petition the court and present evidence to support your request.
Enforcing Custody and Time-Sharing Orders
If one parent refuses to follow the court-ordered time-sharing schedule, legal action may be necessary. Enforcement options include:
- Filing a motion for contempt
- Seeking court-ordered make-up time
- Requesting a modification due to repeated violations
Courts take violations of time-sharing agreements seriously and may impose penalties on non-compliant parents. If the other parent is denying you access to your child, we can help enforce your legal rights.
Relocation and Child Custody
If a parent wants to relocate 50 miles or more from their home (as identified in the last court ordered Parenting Plan), they must obtain:
- Written agreement from the other parent
- Court approval if the other parent objects
If a relocation dispute arises, the court will consider:
- The reason for the move (job opportunity, better living conditions, etc.)
- The impact on the child’s relationship with the other parent
- How the move affects the child’s education and well-being
If you need assistance with a relocation request or preventing an unauthorized move, we can help protect your parental rights.
Why Hire a Miami Child Custody Lawyer?
Child custody battles can be highly emotional and legally complex. Having a knowledgeable attorney on your side can help you:
- Understand Florida custody laws and how they apply to your case
- Negotiate a fair parenting plan without unnecessary conflict
- Protect your parental rights in court
- Ensure your child’s best interests are prioritized
- Modify or enforce existing custody orders
At Cruz Legal, P.A., we are committed to helping parents secure custody arrangements that work for their families.
Why Choose Cruz Legal, P.A.?
Extensive Experience in Family Law
Dedicated & Compassionate Representation
Bilingual Legal Services
Personalized Approach
Schedule a Consultation with a Miami Child Custody Lawyer
If you are dealing with a child custody dispute, need to modify an existing order, or want to establish parental rights, Cruz Legal, P.A. is here to help.
Call us today or fill out our online contact form to schedule a confidential consultation with child custody lawyer Marisol Cruz.
Protect your relationship with your child today!