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Child Custody

Child Custody Solutions for Divorcing Parents in Southeast Florida

For divorcing parents in southeast Florida, Weiner & Weiss, LLC in Boca Raton provides compassionate legal advice and counsel in child custody matters, including the creation of parenting plans and time-sharing schedules.

Florida custody laws

The traditional way of thinking about child custody—in terms of primary custody, secondary custody and visitation—is no longer appropriate in Florida; however, the word “custody” is still used when discussing parental rights and responsibilities after divorce, and generally encompasses the following issues:

  • Where the child will live most of the time
  • When the child will spend time with the other parent
  • Any specific parental responsibilities for health care and education
  • How child support will be affected by the time the child spends with each parent

When it comes to custody or “time-sharing” as it is now called, it is Florida’s public policy to assure that minor children have frequent and continuing contact with both parents after the parents separate or divorce, and to encourage parents to share the duties and joys of child-rearing. This means that a father is given the same consideration as the mother in determining the primary residence of the child, and that a parent who prevents the other parent from seeing the child will essentially be in contempt of court.

Best interests of the child

Courts may consider many factors when deciding issues related to child custody, but the primary concern is always the best interests of the child. (For a list of factors, please see our time-sharing page.) This means that courts often favor parents who show more concern for their children’s needs than their own. For example, a court will likely favor a parent that allows and encourages a continuing relationship with the other parent, including honoring the time-sharing schedule and being reasonable to any changes that may occur.

Stability and the length of time the child has lived in a particular environment will also play a role in the decision. Courts support the idea that a child’s life should not be severely interrupted because the parents decide to be apart.

Parental drug & alcohol addiction

Florida’s policy in favor of shared parental responsibility will not apply if a court finds that it would be detrimental to the child. For example, parents may lose custody or time-sharing rights if there is evidence of drug or alcohol abuse within a parent’s home. Our divorce attorneys have experience handling cases where substance abuse is an issue, and understand how addiction can impact a court’s decision with regard to parenting plans and time-sharing.

Learn more about child custody in Florida from our skilled legal team

If you live in Broward or Palm Beach County and have a child custody concern, the attorneys at Weiner & Weiss, LLC in Boca Raton can provide the answers and representation you need to achieve a positive result for you and your children. Please contact our offices to schedule a consultation with an experienced Florida family lawyer.

Our Attorneys
  • "Could not have asked for a better attorney. I dealt with an extremely difficult and tedious divorce. Gary and his team were always thorough and fully prepared. Always at the top of their game and always treated me as a top priority as they do all their clients. Recommend Gary Weiner as the attorney to handle your divorce if you need it done right!!!! " - Zachary B.,★★★★★

  • "Scott Weiss is always knowledgeable and reachable when I have a question. I have referred clients to him and will continue to refer clients!" - Ian S.,★★★★★

  • "Scott is a professional who is well-liked, collegial in a highly adversarial field. He has been mentored by an excellent lawyer and although still a younger lawyer he is fast gaining experience in complex matrimonial matters. He has moved beyond second chair to handling matters on his own. He is a pleasure to work with." - Anonymous,★★★★★

  • "Scott is not only a great lawyer, but he is also very involved in the community." - Anonymous,★★★★★