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Child Custody We Work Strategically & Passionately To Protect Your Future

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
    "I recommend the Law Office of Paulette Hamilton."
    Ms. Hamilton and her staff are awesome!! Everything is explained and emails are answered. I recommend the Law Office of Paulette Hamilton.
    - Amy C.
    "She's one of the rare lawyers who really care about their clients."
    If you need a lawyer who cares about more than the 'retainer' Paulette is your go-to lawyer. She's amazing. She's one of the rare lawyers who really care about their clients and a good outcome. I saw some complaints that after the initial meeting you are connected with a paralegal. That's how it works unless you want to be billed every hour at full attorney fees. The Paralegal was so helpful. So professional and genuinely cared. Danielle is a true professional and gave me nothing but the best advice. They respond quickly and give you good advice every step of the way. I would use her again in a heartbeat.
    - Brent P.
    "I love this law firm."
    Thanks to this law firm I walked out of court today with zero child support wish I thought I had to pay at least $250 or more and zero for the $5,640 that my ex-wife asked for, even when I told my ex that I could give her $2,500 (that happen in mediation) but she decided to take me to court and fight for every penny but what she didn't know was, that I will go with the BEST ATTORNEY IN TOWN and I will have to pay nothing for all she asked for. COURT ORDER ZERO CHILD SUPPORT, ZERO FOR THE $5,640 AND ONLY 25% FOR MEDICAL EXPENSES! Mrs. Hamilton deserves every penny I paid! By the way, I had to fire my ex-lawyer. It wasn't good so I can tell which lawyer is good and not!!! I love this law firm. Thanks Danielle, Susan and attorney Hamilton
    - Jean Carlo V.
    "I felt so comfortable with her and her entire staff."
    Paulette was amazing, professional and courteous. She helped throughout the entire process. She was extremely organized and always prepared. I felt so comfortable with her and her entire staff. I highly recommend Paulette to everyone in need of legal services.
    - Carolina V.
    "Mrs. Hamilton is a great family law attorney."
    Mrs. Hamilton is a great family law attorney, she assisted me by going above and beyond throughout the course of my very complicated case. I highly recommend her. Her assistant Vanessa was always helpful and patient with helping me understand the process that I was highly confused about as this was my first court proceeding. Thank you!
    "I am very happy with my choice."
    Very professional and upfront about my case. She prepared me for my bankruptcy meeting and I was in and out in no time at all. Her staff is very friendly and helpful too. I met with 2 other attorneys before choosing her and I am very happy with my choice. She made herself available and she wanted to make sure I had a complete understanding of the process.
    - A Satisfied Client
    "Respond quickly and obtained the best results to my satisfaction."

    She truly cares for her clients. During he course of my complex divorce Attorney Hamilton provided experienced, aggressive and professional legal guidance. Attorney Hamilton and staff were always there when needed, respond quickly and obtained the best results to my satisfaction. I highly recommend The Law Office of Paulette Hamilton.

    - J.J.
    "Thank you Paulette, Angela and Susan."
    From the moment I first called in and spoke with the office manager, Susan, I knew then my case mattered - before even spending a dime. Paulette handled my consultation with care and knowledge. She did not make me feel rushed and assured me that my worries about the cost to fight was not as important as hearing my story. That helped me feel less pressure and focus on the matter at hand. I have had multiple free consultations, which are always rushed and never informative. Paulette did the complete opposite, we even laughed a little to help lighten the mood. My case was then assigned to my paralegal Angela, who I swear appeared very knowledgeable about the rules and procedures of my situation. She spent her time with me answering my questions, reassuring me and reminding me that this office is a team and I will never feel alone. Along the process we laughed together, cried together, and even celebrated - COVID style of course. Watching Paulette fight for me at trial meant so much. I felt extremely prepared and ready to hit head on. I appreciate how thorough Paulette and Angela were during this whole process. Honest and always kept me on track. While I don't plan to marry just to divorce again, I know if the time comes I have a confident legal team to back me up. You will regret not having contacted this law office. Thank you Paulette, Angela and Susan.”
    - Kym B.

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