Orlando Child Custody & Paternity Attorneys

We represent people in paternity and child custody cases throughout the central Florida area. In the majority of paternity cases, the parties are not contesting who the father of the child is. In many cases, the father may even already be on the birth certificate for the child. The cases are typically focused on the establishment of a Parenting Plan for the child. A Parenting Plan addresses parental responsibility, time-sharing, child support, school zone designation and other issues. In some cases, there may be a dispute as to whether the father is the biological parent of the child and a Paternity (DNA) test may be necessary first.

In many cases, people who fail to obtain legal representation later discover that they have made unfortunate mistakes due to a misunderstanding of the law and legal process. We have over 35 years of experience handling these types of cases and will work to protect your rights throughout the process. If you are involved in a paternity case, call us today to speak with an experienced child custody attorney. We can assist you in resolving your situation in an effective and efficient manner.

Time Sharing:

One of the main focuses of the parents in these cases tends to be the time-sharing schedule. This is the scheduled days the child will spend with each parent. The Court establishes the time-sharing schedule by determining what is in best interests of the child in accordance with Florida law. The time-sharing schedules for parents can vary considerably based on the facts of the case. For more information about time-sharing in a divorce, speak with one of our child custody attorneys today.

Public Policy in Florida:

It is the public policy of Florida to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of child-rearing.

Rebuttable Presumption of 50/50 Time-Sharing as of July 1, 2023:

There was a change in Florida to the law regarding time-sharing on July 1, 2023. Florida now has a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child.

This does not mean, however, that every case will result in equal time-sharing, as each situation is unique. In some cases, equal time-sharing may not work or be in the best interest of the child for a number of reasons. There may be issues with the distance the parents reside from one another, their work schedules or their behavior towards the other parent or the child.

Courts Evaluation Factors:

The Court will evaluate the following factors in determining child custody and time-sharing:

1) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

2) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

3) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

4) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

5) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling, effectuate the parenting plan. This factor does not create a presumption for or against the relocation of either parent with a child.

6) The moral fitness of the parents.

7) The mental and physical health of the parents.

8) The home, school, and community records of the child.

9) The reasonable preference of the child if the Court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

10) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

11) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline and daily schedules for homework, meals, and bedtime.

12) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

13) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

14) Evidence that either parent has knowingly provided false information to the Court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

15) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

16) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.

17) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

18) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child and refraining from disparaging comments about the other parent to the child.

19) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

20) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule. For more information, speak with an Orlando child custody attorney today.

Location of the Child:

The Court has jurisdiction to approve, grant, or modify time-sharing, notwithstanding that the child is not physically present in this state at the time of filing any proceeding, if it appears to the Court that the child was removed from this state for the primary purpose of removing the child from the jurisdiction of the Court in an attempt to avoid the Court's approval and creation of a time-sharing plan. For more information, call us to speak with an Orlando paternity attorney today.

Experienced Orlando Custody and Paternity Attorneys:

Our child custody and paternity attorneys have handled thousands of cases during their legal careers throughout the Central Florida area. Call us today to speak directly with an experienced lawyer about your situation or for more information about our attorneys and the Wilson Law Firm.