Orlando and its surrounding Central Florida communities are home to many families who face challenging legal issues involving their children. Whether you are navigating a divorce, an existing custody arrangement, the challenge of relocation, or any other child-related legal matter, it is vital to work with a family law attorney who understands Florida law and prioritizes the emotional well-being of your children. At Adams, Luka, & Benton, P.A., our Orlando family law attorneys recognize that every family is unique and strive to protect your children’s best interests at every turn. By leveraging our extensive experience in child custody, child support, paternity, relocation, and other family law disputes, we aim to secure resolutions that preserve family relationships and ensure the healthiest possible environment for children.
Family law cases involving children often become the most contentious and emotionally challenging legal disputes. Even when parents have good intentions, disagreements can quickly spiral if they do not thoroughly understand their rights and obligations under Florida law. The stress on the parents can be immense, but the impact on children is often even more significant, especially when parents cannot agree. This is why having a knowledgeable and compassionate attorney is crucial. Below, we explore some of the most common issues that arise when children are involved in family law disputes in Orlando and Central Florida, how Florida courts approach these matters, and why having strong legal representation can make all the difference for you and your loved ones.
The Importance of the “Best Interest of the Child” StandardIn Florida, whenever a court is called upon to decide regarding a child, the guiding principle is the “best interest of the child.” This concept underlies many aspects of family law, including custody, timesharing, and parental responsibility. Courts look to various factors to determine what arrangement best supports a child’s physical, emotional, and developmental needs. These factors include each parent’s capacity to provide a stable home, maintain a positive relationship with the child, and facilitate a loving connection with the other parent. The child’s preference may be considered if the court finds the child sufficiently mature, but that alone does not control the court’s decision. When parents cannot agree on arrangements for their child, the court’s role is to ensure that any final judgment or order aligns with the best interest standard.
Child Custody (Time-Sharing) in FloridaIn the past, Florida courts used the term “custody” more frequently, but modern practice often refers to “time-sharing” and “parental responsibility.” Instead of granting “primary custody” to one parent, courts now encourage parents to share decision-making responsibilities whenever it is practical and in the child’s best interest. Parental responsibility can be shared, meaning both parents share the significant decisions for the child, or it can be solely awarded to one parent in situations involving unfitness or other serious concerns.
Under a shared parental responsibility arrangement, parents typically develop or follow a “parenting plan” that outlines each parent’s time with the child and clarifies their obligations regarding education, healthcare, and other vital decisions. Even in contentious divorces or separations, most parents can arrive at some version of a shared parenting plan that serves their child’s best interests. However, suppose a court finds that one parent has engaged in child abuse, domestic violence, or other egregious conduct. In that case, the judge may limit or supervise that parent’s time or decision-making authority. An attorney who understands how Florida courts evaluate evidence in these cases can help ensure that the correct information is put before the judge, protecting your rights and your children’s welfare.
Child Abduction and Interference With CustodyChild abduction is a worst-case scenario in custody disputes, often arising when one parent believes they are entitled to sole custody and unilaterally decides to leave with the child. This situation can be legally complex and devastating for the left-behind parent, who may need immediate legal remedies to have the child returned. Florida law treats interference with custody seriously. If a parent violates a valid court order by removing the child from the primary custodian’s care without authorization, this can lead to both civil and criminal consequences.
If you fear your child is at risk of being taken or if the other parent has already abducted your child, it is critical to contact an attorney immediately. Swift legal action may involve emergency motions and the enforcement of interstate or international conventions if the child is taken out of Florida or the United States. At Adams, Luka, & Benton, P.A., we work with clients to pursue protective orders, seek help from law enforcement, and utilize legal avenues such as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) when necessary. Our priority is always to protect the child’s safety and well-being.
Child Relocation CasesRelocation disputes in Florida arise when a parent with primary or majority time-sharing wants to move more than 50 miles away from their current residence for at least 60 consecutive days. A move of this nature can dramatically affect the non-relocating parent’s time-sharing schedule and the child’s routine, including their school, community, and relationships. Because of its potential impact on the child’s bond with the other parent, Florida law requires court approval or a written agreement between the parents before a relocation can proceed. If parents cannot agree, a judge will determine whether the move is in the child’s best interest by weighing multiple factors, including the reasons for the relocation, the impact on the child’s stability, and the feasibility of preserving the child’s relationship with the other parent.
It is essential to work closely with an attorney if you are seeking to relocate or oppose a proposed move. A thorough presentation of evidence, including testimony about your child’s educational, emotional, and social needs, can significantly influence the judge’s decision. Our firm has handled many relocation cases and understands how to build a compelling argument for or against a proposed move, always with the child’s well-being as the foremost consideration.
Paternity ActionsFor unmarried parents in Florida, establishing paternity is a crucial step in securing the rights and responsibilities that come with parenthood. While both parents may informally acknowledge a child’s father, the mother or father may sometimes need legal recognition of paternity for child support, custody (time-sharing), or other protections. When paternity is in question, DNA testing is often used to provide conclusive proof. Once paternity is legally established, the father gains the same rights as any parent in Florida: a right to seek time-sharing and a responsibility to provide financial support. Similarly, the mother can ensure she receives child support if she is the primary caregiver. These cases can be emotional, particularly when one party disputes paternity or fears legal and financial repercussions. An experienced attorney can help you navigate paternity actions, protect your legal rights, and ensure your child’s interests remain at the forefront.
Child Support in FloridaChild support is another essential topic in family law cases involving children. Florida courts use statutory guidelines to calculate child support based on each parent’s income, the number of children, and the proportion of time the child spends with each parent. Other factors, such as healthcare and childcare costs, can influence the final amount. In Florida, parents have a legal duty to support their children financially, and parents cannot simply waive child support if a child’s welfare is compromised. Even when parents reach an amicable settlement regarding custody and visitation, an official child support order may be necessary to ensure the child’s needs are consistently met. Failure to pay court-ordered support can lead to serious consequences, including wage garnishment, suspension of driver’s licenses, or even contempt of court proceedings.
Modifications of Family Court OrdersCircumstances often change after a divorce or after finalizing a custody or child support order. One parent’s job might transfer them to a new city, or significant changes in a child’s health might require adjustments in support amounts. Florida law allows parents to seek modifications of existing orders if they can demonstrate a substantial change in circumstances. This change could involve income fluctuations, a remarriage that affects living arrangements, or a shift in the child’s needs. However, the court will not grant a modification simply because one parent wants it; there must be evidence that the new circumstances affect the child’s best interests meaningfully. Seeking legal advice before filing a modification is crucial, as Florida courts apply strict standards to these requests.
Domestic Violence and Child-Related MattersDomestic violence can have a profound impact on children’s legal matters, whether it occurs between parents or involves abuse directed toward the child. Family courts in Florida view any history of domestic violence as a serious factor when determining parental responsibility, time-sharing schedules, or protective orders. If you or your child is experiencing domestic violence, it is essential to seek immediate legal help. A lawyer can help you obtain injunctions for protection and can advocate for supervised visitation or limited contact if the abusive parent poses a risk to the child’s safety. At Adams, Luka, & Benton, P.A., we handle these delicate matters with the utmost care, working diligently to protect you and your children throughout the legal process.
Why Hiring an Experienced Family Law Attorney MattersFamily law disputes involving children are rarely straightforward. The emotional stakes are high, and the legal complexities can become overwhelming, especially if you are unfamiliar with Florida’s family court system. Working with an experienced Orlando family law attorney who understands the legal details and the emotional dynamics can be pivotal. An attorney who knows how to negotiate effectively, present compelling evidence in court, and safeguard your family’s interests can help you achieve the best possible outcome with minimal trauma.
Here are some reasons to consider hiring a seasoned attorney for your child-related legal matters:
A skilled lawyer will guide you through filing the correct motions, meeting deadlines, adhering to procedural requirements, and avoiding costly mistakes.
Legal representation helps ensure that any custody or support orders are enforceable, realistic for your situation, and aligned with your child’s best interests.
Attorneys experienced in Florida family law understand how local judges and courts typically handle these matters, giving you an advantage in shaping strategies suited to Orlando’s legal climate.
Working with a knowledgeable lawyer often helps reduce conflicts by managing communication between you and the other party. This is especially beneficial in high-conflict scenarios or when domestic violence is involved.
Attorneys well-versed in child-related issues can connect you with additional resources, such as family therapists, counselors, or co-parenting programs, to support you and your children during this challenging transition.
How Adams, Luka, & Benton, P.A. Can HelpAt Adams, Luka, & Benton, P.A., our team of Orlando family law attorneys understands that every family’s situation is different. We devote personalized attention to each client, taking the time to learn about your unique needs and concerns so we can tailor our approach accordingly. Whether you seek to establish paternity, renegotiate a time-sharing plan, address child support complications, or resolve a relocation dispute, we aim to bring clarity and peace of mind to your case. We handle every aspect of your legal matter with professionalism and compassion, recognizing that the stakes involve the well-being of your children and your future family dynamics.
We strive to resolve family law matters promptly, but we are prepared to advocate for you tenaciously in court when litigation is necessary. Our experience with child-related legal disputes and our deep understanding of Florida’s family law statutes position us to guide you effectively. Through clear communication, comprehensive legal strategies, and unwavering dedication, we work to protect your rights as a parent while placing your children’s best interests at the forefront.
Contact Adams, Luka, & Benton, P.A. TodayIf you are dealing with divorce, child custody, relocation, paternity disputes, or other issues involving children, do not hesitate to reach out for legal support. The decisions made now can profoundly impact your child’s future, and you deserve to have a knowledgeable advocate on your side. Our firm is here to provide the legal insights, compassionate counsel, and vigorous representation you need.
Contact Adams, Luka, & Benton, P.A. now at 407-872-0303 or 352-357-4084. We look forward to assisting you and helping ensure your child’s best interests remain protected.