Orlando Child Custody Attorney
Seek Support From Our Experienced Child Custody Lawyer in Orlando
Child custody can be one of the most difficult and contested aspects of a divorce. The children’s well-being is usually the greatest concern when parents split up.
At The Law Office of Paulette Hamilton, P.A., our Orlando child custody lawyers understand the problems you may be facing in regards to custody. Our firm is dedicated to helping you and your spouse or unmarried partner find ways to resolve your differences effectively.
To discuss your issue with our Orlando child custody lawyers, call us at (407) 624-5344 or request a consultation online.
Child Custody Guidelines & Policies in Florida
Our child custody attorneys in Orlando handle all types of issues related to child custody, including:
- Time-sharing
- Temporary custody
- Paternity
- Full custody
- Relocation, including international relocation cases
- Parental relocation disputes
Custody Terms in Florida
Florida has done away with terms such as “custody,” “custodial parent,” and “noncustodial parent.” Florida courts now assign parental responsibility to parents, either sole responsibility or shared responsibility. Visitation rights have now been termed as time-sharing arrangements in which parents create a parenting plan that details those arrangements.
Creating a Parenting Plan
When creating a parenting plan, you will need to decide:
- With whom your child(ren) will live the majority of the time
- When your child(ren) will spend time with the other parent
- How responsibility will be shared for major decisions concerning the child’s health, education, religious upbringing, and other important matters
- How child support will be impacted by living arrangements with each parent
In determining child custody matters, the court’s priority is always what is in the best interests of the child. Courts favor children having a continuing and meaningful relationship with both parents unless some factor – such as substance abuse or domestic abuse – would prohibit it.
What is the New Custody Law in Florida 2023?
As of July 1, 2023, Florida has a new child custody law that creates a rebuttable presumption that equal timesharing is in the child's best interest. Courts must presume that equal timesharing is in the child's best interest when creating or modifying a parenting plan.
The new law also gives equal parental rights to unwed fathers. Biological fathers who voluntarily acknowledge paternity and complete the necessary paperwork to appear on the child's birth certificate will have the same rights to parent their child as the unwed mother.
The new law is known as the "Good Dad Act."
How Can I Get Full Custody of My Child?
A court will only grant full custody if it is determined to be in the best interests of the child. Full custody will not happen due to a request, but rather due to the judge determining that it will truly benefit the child.
Is There a Difference Between Full and Sole Custody?
No — full and sole custody are the same. Full custody is not a legal term, meaning that it is only used to refer to a sole custody. Additionally, an individual that refers to their child custody as ‘full custody’ may be referring to the fact that they have sole physical custody and sole legal custody of the child. It is possible for one parent to have full physical custody of a child, while sharing legal custody, or vice versa.
How do I File for Full Custody?
Florida law states that shared parental responsibility is typically in the best interest of the child, so if you are fighting for sole custody, you will need to state why shared custody would be detrimental.
If you are married and are seeking full custody of your children during divorce proceedings, you’ll need to file for custody in the county where you reside. However, if you are unmarried, you will need to file a Petition to Determine Paternity — even if this has been previously done in the county circuit court where you live. Then, the other parent will need to be served. Once they respond, you can respond accordingly.
Can a Father Keep a Child From the Mother in Florida?
A father cannot keep a child from a mother in Florida without a court order and a legally established paternity test. An unmarried mother in the child's sole custody must know she is protected under Florida child custody laws for unmarried parents.
Is Florida a Mother State?
In the case of parents that are not married, Florida is one of the states that designates the mother as the main custodian of a minor. Until paternity or custody is established, the mother has the sole legal rights of the child by default unless something changes. All mothers therefore have the right to establish paternity as well on behalf of the child.
What Is an Unfit Parent in Florida?
There are several potential reasons that could lead a parent to be unfit for child custody according to Florida Statute 751.05.
- They must have been negligent to the child or have abandoned their duties
- They could be unfit if they have a documented history of mental illnesses or drug usage
- Their home is deemed unsafe for a child to reside in
- False accusations or wrongful alienation is taking place
There are certainly other scenarios, and every case is different. Be sure to contact our child custody lawyers in Orlando to learn more!
Let Our Orlando Child Custody Lawyers Help You Reach a Fair Arrangement
Our firm is committed to helping you and the other parent of your child reach an agreement that works for everyone whether through negotiation, mediation, or litigation. We know how difficult this issue can be for many parents who may have difficulty agreeing on what is in their child’s best interests. However, our firm has helped countless parents resolve this issue and find a positive outcome at the end of the case.
Ready to discuss your case? Contact us online or at (407) 624-5344 to schedule a consultation with an Orlando child custody lawyer.
Our Clients Are an Extension of Our Family
Read the Opinions That Matter Most
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"I would choose Attorney Paulette any and every day!"Hard work and dedication are two words I could use for Attorney Hamilton! I could use so many more...caring, compassionate, SMART! This was my first time going into a legal issue and Paulette made me feel so comfortable and cared for. She was very passionate and confident throughout our entire time together and if there were ever any questions or reassurance I needed she was always there to answer! I would choose Attorney Paulette any and every day because she is a go getter and has that perfect "WE GOT THIS!" attitude!! a million thanks to Paulette and her AMAZING team!! I am eternally grateful!- Aria S.
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"I am truly thankful for the care and attention they placed on my case."I had what I believed to be was a very difficult divorce case. I owned various properties that were prior to my marriage that my spouse tried very hard to get. Paulette was honest in the law and assured me which properties would be protected and how to handle any other properties that may need to be fought. We were set for trial and then as soon as the other side received all of our evidence to be presented they quickly provided a settlement offer because they knew at that moment they would not get even half of what I tried to offer at mediation. My paralegal Angela reassured me that at this moment I had the whole ball in my court. I settled for less than I originally was willing to offer and walked away with a large part of my properties. Paulette, Angela and her staff truly catered to my every need. These words alone do not do justice. I am truly thankful for the care and attention they placed on my case. If you are in need of true representation you will not fail in choosing them! Thank you ladies!- Ashley S.
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"I always felt like I had someone with me in the process and that I was not alone."I am very grateful for Attorney Hamilton, Danielle and the entire team for helping me through tough times. They helped me get sole custody of my son, it was a long road, but the end result was worth it and they were with me every step of the way. They helped me understand the court system, explained any delays in the Court process and always answered my questions. I always felt like I had someone with me in the process and that I was not alone. They were always available when I would stop by and would take the time to listen and answer any questions. I would highly recommend Attorney Hamilton and her staff to anyone who needs assistance in family law.- Gerd W.
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"I don't have enough words to describe how outstanding this firm was."Smart, Strategic, Compassionate, Professional… I don't have enough words to describe how outstanding this firm was. As a man/father, dealing with family court can be very daunting and stressful. It’s as though all odds are against you. Any oversight can and will hurt you. In tough times, you are going to need a strong and honest attorney who can lay down the facts and push for your desired outcome. The Law Office of Paulette Hamilton is just that… efficient, effective, and professional. Attorney Hamilton (including her staff) were always available. They took the time to listen to all of my questions, comments, and/or concerns. Not only does it feel great knowing I’ve done all I could regarding my issue, it felt even better knowing I had the best resource for the best outcome. I was very impressed with how my case was handled. There was an amazing feeling knowing I had a powerful attorney and a powerful team on my side. I highly recommend The Law Office of Paulette Hamilton!!- Peterson D.
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"I am highly satisfied."I am highly satisfied. I would recommend Angela and Paulette to my friends and family. They are definitely a strong duo.- Quinn M.
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"Paulette Hamilton saved my life."Paulette Hamilton saved my life, I mean every little penny. I'm happy I used her as my lawyer. Now I have my house and my daughter because of her service and her advice. Thank you for your support and God bless you more and more.- Geraldine D.
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"The perfect balance of knowledge, skill and compassion!!!"Paulette and Sue and Kallena are the best all the way around. I am so pleased with the outcome they obtained for me in my dependency case they showed extreme professionalism every step of the way and the office staff along with Ms. Hamilton were extremely knowledgeable and always understanding and compassionate. Words cannot express how grateful I am to them for all of their help and how happy I am that I chose The Law Office of Paulette Hamilton to assist me in my case. You will not find a better attorney in Central Florida, she is the perfect balance of knowledge, skill and compassion!!! I would give her 10 stars if I could!- Danielle M.
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"Knowledge, honesty, courage, and passion."I have had several lawyers in the past regarding my custody case. Those lawyers lacked the following: knowledge, honesty, courage, and passion regarding my matter. After my experience with previous attorneys, I needed someone who was not going to talk over my head or beat around the bush. I was referred to Ms. Hamilton by a friend that was very satisfied with her legal services. I was very impressed with Ms. Hamilton after my consultation. She was very informative and straight to the point with me. She hit on all the pros and cons for myself and the opposing party. There are no guarantees in life, so I fully appreciate an attorney who keeps it 100% real with me. Ms. Hamilton gave me an outline for my case and the projected costs as well as a timeframe for such a case. There is no such thing as cheap legal services if the services are cheap then the work will be shoddy. I have had that problem in the past and I am no longer going to forego a couple of bucks if it means ruining my case. Ms. Hamilton has reasonable rates with a very professional legal approach. Since Ms. Hamilton has been on my case, she has corrected several errors that my previous attorneys made in the case. My case is going smoothly and we are hoping to be able to work towards an agreement soon! Ms. Hamilton has made that possible in my case. I know how to be a good client, but I am glad that I have someone that knows how to be a good attorney. Thank you Ms. Hamilton!!! If you need an attorney that is straightforward and committed to a resolution then Ms. Hamilton is the attorney for you.- L.B.
