Fort Lauderdale Child Custody Attorney
Compassionate Guidance for Parenting and Timesharing Matters
Whether you are going through a divorce or establishing paternity, child custody can be one of the most emotionally challenging aspects of any family law case. At Lorri K. Fishman, P.A., we understand how deeply these matters affect your life and your relationship with your child. With over 25 years of experience, our firm is committed to protecting your parental rights while prioritizing the best interests of your child.
Call the Fort Lauderdale child custody lawyer today for a free phone consultation. 954-928-9832
What Does “Best Interests Of The Child” Mean?
Florida Statute 61.13 defines the best interests standard as the primary consideration in all parental responsibility and time-sharing decisions. This standard requires courts to evaluate factors including the child’s safety, stability, and emotional development rather than focusing on parental rights or preferences.
The law emphasizes maintaining strong relationships with both parents when possible while protecting children from harm.
Courts consider the child’s age, developmental stage and individual needs when applying this standard. The goal is to create arrangements that promote healthy development, educational success and emotional security while fostering meaningful parent-child relationships that serve the child’s long-term welfare.
Understanding Florida’s Child Custody Laws
Florida law no longer uses the term “custody” in family law proceedings. As such, the state legislature has enforced new terminology to define custody-related matters. Instead, the legal framework focuses on two key components of the parent-child relationship:
- Parental Responsibility – This refers to the right to make major decisions on behalf of the child, such as those involving education, healthcare, and religious upbringing.
- Timesharing – This refers to the physical schedule outlining when the child will spend time with each parent.
Whether you’re involved in a divorce or a paternity action, the court will address these two areas when determining a parenting arrangement, known as a Parenting Plan.
How are Timesharing and Parental Reasonability Determined ?
Florida courts consider multiple factors when making parental responsibility and time-sharing decisions that protect children’s welfare:
- The child’s education and school location, including stability of the educational environment and proximity to both parents’ homes
- Current and proposed living arrangements, evaluating safety, stability and appropriateness of each parent’s residence
- The financial situation of parents, including the ability to provide for the child’s basic needs and extracurricular activities
- Evaluation of each parental plan, reviewing proposed schedules and decision-making arrangements for practicality
- Physical and mental health of parents, assessing capacity to provide appropriate care and supervision
- Parental involvement in the child’s daily activities, school events and previous caregiving responsibilities
- Parental flexibility regarding scheduling changes, cooperation with the other parent and willingness to facilitate relationships
- Evidence of domestic violence, substance abuse or other factors that could endanger the child’s safety or well-being
Courts thoroughly examine each factor to create arrangements that prioritize the child’s needs above parental preferences.
Types of Parental Responsibility
Florida law recognizes two primary forms of parental responsibility in family law cases:
- Shared Parental Responsibility
This is the default and preferred arrangement under Florida law. The law presumes that children benefit most when both parents are actively involved in their upbringing and jointly make decisions regarding education, healthcare, religion, and other key matters. As such, under shared parental responsibility, both parents retain full equal decision-making authority and are required to consult with one another, and agree on all major issues affecting the child’s life, such as education, healthcare, and religious upbringing. This arrangement promotes cooperative co-parenting and encourages both parents to remain actively and equally involved in their child’s upbringing.
- Sole Parental Responsibility
It’s important to understand that Florida courts do not grant sole parental responsibility lightly. A parent cannot request sole decision-making authority simply because they don’t get along with the other parent or prefer not to co-parent. Sole parental responsibility may be awarded when the court finds that shared decision-making would be detrimental to the child’s well-being. The burden is on the requesting parent to prove that shared decision-making would significantly endanger the child or impair their emotional or physical development. This is a difficult standard to meet and generally applies only in serious situations such as documented abuse, neglect, substance abuse, or severe parental conflict that clearly harms the child.
What if we can’t agree, but sole parental responsibility isn’t justified?
In those situations, the court may award one parent “ultimate decision-making authority” over specific areas of the child’s life (such as education, or medical care.) Keep in mind, this does not eliminate the requirement to consult with the other parent, but it does give one parent the ability to break the tie when the parties reach an impasse. Think of it as a veto power or tie-breaking vote, which can only be used only after both parents have made a good-faith effort to reach an agreement. This approach allows for shared involvement while reducing the risk of prolonged conflict over key decisions.
Ultimately, decisions involving parental responsibility will be based on what’s believed to be in the child’s best interests based on the specific facts of each case, and even when one parent is granted sole parental responsibility, a timesharing schedule will typically still be ordered, unless timesharing would place the child in danger.
New Legal Presumption of Equal Timesharing
The judge presiding over your case will take many factors into consideration when determining a time-sharing arrangement. However, as of July 1, 2023, Florida law has undergone a significant change regarding custody. Under the amended Florida Statute § 61.13, there is now a legal presumption in favor of equal timesharing—meaning courts will begin with the assumption that an equal 50/50 split in parenting time is in the best interest of every child. However, this presumption can be rebutted if a parent can prove that equal timesharing would be detrimental to the child’s safety, stability, or well-being.
Navigating these standards can be challenging. Whether you’re pursuing equal timesharing or concerned about its impact, Lorri K. Fishman, P.A. is here to help you understand your rights and build a strong, child-centered case.
Court’s Approach To Parenting Plans In Florida
Florida courts require all parents to submit detailed parenting plans that outline time-sharing schedules, decision-making responsibilities and communication methods. These comprehensive documents must address holiday schedules, transportation arrangements and procedures for resolving future disputes. The court evaluates each proposed plan to determine whether it serves the child’s developmental, emotional and physical needs while promoting meaningful relationships with both parents when possible.
Judges carefully review these plans during hearings where both parents can present their proposals and explain how their arrangements benefit the child. The court may modify submitted plans or create entirely new arrangements if neither parent’s proposal adequately addresses the child’s specific needs. Additionally, courts often order parenting classes or counseling to help parents develop effective co-parenting strategies that minimize conflict and prioritize their child’s well-being throughout the process.
What Are My Rights As A Parent?
Whether you’re a mother or father, facing divorce or a parenting dispute can feel overwhelming. You’re being asked to make major decisions that affect your child, your future, and your peace of mind, all while navigating complex emotions and legal procedures. It’s a lot to carry.
At Lorri K. Fishman, P.A., we understand that when it comes to your children, nothing matters more. That’s why I work closely with every client to help them understand their rights, protect their role as a parent, and build a secure foundation for their child’s future, even in the most contentious circumstances.
As a parent myself, I know firsthand how deeply these issues impact your life as I have personally experienced the emotional weight of divorce and the challenges of determining parental responsibility in Florida Court. My personal experience, and personalized approach to every case truly sets me apart and shapes the way I advocate for my clients — with empathy, honesty, and unwavering dedication. This isn’t just what I do professionally, it’s something I truly relate to on a human level.
Unlike large firms where you may feel like just another case number, I intentionally keep my practice small so I can give each client the attention they deserve. My boutique firm takes pride in providing personalized service and attention to every single client, you won’t be passed around or left waiting days for a call back. You’ll have direct access to your attorney, someone who knows your case, cares about your outcome, and is committed to walking with you every step of the way. Whether you’re dealing with a complex family issue, a custody battle, or facing a divorce or criminal matter, I’m here to fight for you with compassion, clarity, and experience. I’ll take the time to listen, explain your options, and help you move forward with confidence. Your family deserves nothing less.