Orlando Contested Divorce With Children Attorney

At Adams, Luka, & Benton, P.A., we recognize that divorce can be a challenging and emotionally draining experience. However, when children are involved, the stakes become significantly higher, and so do the potential complications. Not only must you navigate the dissolution of your marriage, but you must also ensure that your children’s best interests are protected at every turn. Issues like time-sharing (child custody), child support, parental responsibility, and the general well-being of your children can add layers of complexity to an already difficult situation.

If you are considering or facing a contested divorce with children in Orlando, Florida, understanding the process and having a skilled divorce attorney can make a substantial difference. Below, we outline the key aspects of a contested divorce involving minor children, including how Florida courts approach these sensitive matters, what you should expect, and how our firm can advocate for you and your family.

A divorce is considered “contested” when spouses cannot agree on one or more fundamental issues. In Florida, these issues can include:

• Time-Sharing (Child Custody and Visitation)
• Child Support
• Parental Responsibility (Decision-Making Authority)
• Division of Marital Assets and Debts
• Alimony
• Relocation or Other Child-Rearing Disputes

When children are involved, parents typically care deeply about preserving their relationship with their children and ensuring that any agreements reflect the children’s best interests. Disagreements over child-related matters can be intense, requiring court intervention if negotiation or mediation fails to yield an amicable solution.

It is important to note that Florida is a “no-fault” divorce state, which means a spouse does not have to prove wrongdoing (such as infidelity or cruelty) to obtain a divorce. The petitioner needs only to demonstrate that the marriage is irretrievably broken. However, when there are disputes about child time-sharing, child support, or other significant issues, the court will step in to determine an equitable solution.

In Florida, what was once referred to as “custody” has evolved into the concept of time-sharing. The law presumes it is in a child’s best interest to maintain a close and loving relationship with both parents unless there is a compelling reason otherwise (such as abuse or neglect). Courts emphasize that children should spend meaningful time with each parent and encourage co-parenting arrangements that minimize disruption to the child’s routine.

Florida law strongly favors shared parental responsibility, which means both parents share the rights and obligations of raising the children. Each parent has an equal voice in major decisions regarding healthcare, education, religious upbringing, and extracurricular activities. In rare instances, the court may grant one parent sole decision-making authority if shared parental responsibility would be detrimental to the child’s welfare.

A parenting plan is essential in Florida divorces that involve minor children. The court requires a written parenting plan stating whether spouses agree or remain at odds. This plan generally includes:

• A detailed time-sharing schedule that specifies when the child will be with each parent (weekdays, weekends, holidays, summers).
• A description of how daily tasks will be allocated (for example, who picks up the child from school or manages bedtime routines).
• Methods for communication between parents and children (phone calls, video chats, texting, email, etc.).
• Clear guidelines on who is responsible for major decisions regarding healthcare, education, and other life events.

At Adams, Luka, & Benton, P.A., we have extensive experience helping parents craft parenting plans that reflect their family’s unique needs while minimizing conflict and confusion.

Child support is another critical component of any divorce involving minors. Florida uses a statutory formula that considers:

• Each parent’s net monthly income
• The number of overnights the child spends with each parent per year
• The child’s healthcare, daycare, and educational expenses

While these guidelines are relatively straightforward, disputes may arise over the accuracy of income reporting, costs related to a child’s unique needs, private schooling, extracurricular activities, or other unique circumstances. In a contested divorce, each parent might argue for a child support arrangement that accurately reflects their financial situation and the child’s needs.

Judges can deviate from the guideline amount in exceptional circumstances, such as extraordinary medical bills or special needs requiring ongoing care. Our attorneys will work diligently to ensure the child support order is equitable and serves the child’s best interests.

Relocation becomes contentious when one parent wants to move more than 50 miles away from their residence with the minor child. Florida’s relocation statute requires the relocating parent to have the other parent’s consent or obtain the court’s approval. If the non-relocating parent objects, the relocating parent must prove that the move is in the child’s best interest, considering factors such as better educational opportunities, a stronger support network, or higher-paying employment that benefits the child’s quality of life.

When relocation is disputed, you need a skilled family law attorney who can present a compelling argument to the judge. We will focus on your child’s emotional well-being, your ability to maintain a meaningful relationship with your child, and the practicalities of travel for the non-relocating parent.

Some contested divorce cases with children involve allegations of domestic violence or threats of violence. In these situations, one spouse may fear for their safety or their child’s safety if the other spouse has exhibited controlling or violent behavior. If you believe you or your children are in danger, there are legal avenues to seek protection, including injunctions or exclusive use of the marital home.

Your safety and the safety of your children are paramount. If you must leave the marital home to escape a dangerous situation, consult an experienced attorney to ensure you understand your legal rights. Departing the house due to legitimate fear generally does not forfeit your rights in the divorce, but documenting everything is crucial for presenting a clear picture to the court.

A contested divorce involving children typically follows a structured legal process. Here are the general steps, without numbering, so you know what to expect:

• Petition for Dissolution of Marriage: One spouse files a petition outlining their requests about child time-sharing, child support, alimony, and more.
• Service of Process: The other spouse (respondent) is formally served with divorce papers and has a specified timeframe to respond or file a counter-petition.
• Discovery Phase: Both parties exchange information regarding finances, parenting abilities, and other details relevant to the divorce. This may include written interrogatories, requests for documents, and depositions.
• Mediation: Florida courts often require couples to attempt mediation before trial. Mediation involves a neutral third party who facilitates negotiations. If successful, it can save significant time and cost.
• Pretrial Procedures: If mediation fails, the court will schedule pretrial conferences to narrow the issues and set any necessary timelines or orders to ensure the case moves forward.
• Trial: Should the parties remain unable to resolve their disputes, the case proceeds to trial. Each side presents evidence and witnesses, and the judge makes final decisions on all contested issues, including child time-sharing, child support, division of assets and debts, alimony, and more.

Throughout this process, our attorneys at Adams, Luka, & Benton, P.A. will guide you, gather and present the necessary evidence, and help protect your legal rights. We stay focused on the children’s best interests and remain sensitive to the emotional strain that families experience during a contested divorce.

• Comprehensive Case Evaluation: To create a tailored legal plan, we begin by thoroughly examining your circumstances—your children’s needs, your finances, and any safety concerns.
• Customized Legal Strategy: Since every family’s situation is unique, a one-size-fits-all approach doesn’t work. We craft legal strategies that address your specific challenges related to child support, time-sharing, or parental responsibility.
• Strong Advocacy in Mediation and Court: While we always aim for a fair and amicable resolution through negotiation or mediation, we are fully prepared to litigate aggressively when necessary.
• Protection Against Domestic Violence: If you are facing domestic violence or fear for your safety and that of your children, we can seek injunctions or other legal protections immediately.
• Focus on Long-Term Well-Being: When you have children together, the end of the marriage does not end your connection with your spouse. We help you achieve outcomes that support healthy co-parenting and minimize emotional damage for everyone involved.
• Compassionate, Client-Centered Support: We understand the emotional toll a contested divorce with children can take. Our team is committed to guiding you with both skill and empathy.

Will my child have to testify in court?
Most judges prefer to keep children out of the courtroom. Sometimes, a Guardian ad Litem or custody evaluator may be appointed to represent the child’s best interests and gather information. Your attorney can discuss strategies to protect your child while ensuring the judge understands the full context of your family’s situation.

Can I get sole custody if the other parent is unfit?
Florida law favors shared parental responsibility unless a parent’s involvement would harm the child’s well-being. To gain sole decision-making authority or significantly limit the other parent’s time-sharing, you must present evidence showing behavior such as abuse, neglect, or substance abuse that endangers the child.

How does domestic violence impact time-sharing?
Domestic violence can have a significant impact on time-sharing arrangements. The court might require supervised visitation, reduce or deny visitation altogether, or order other protective measures. Seeking legal help immediately is crucial if you or your children are at risk.

Do I have to pay child support if my spouse won’t let me see my child?
Child support and time-sharing (visitation) are legally separate matters. You can’t withhold support because the other parent is denying you access to your child. Instead, you would need to pursue legal enforcement of your time-sharing rights. We can help you file the necessary motions to address parenting time violations.

What if we can agree on some issues but not others?
Many couples can resolve certain matters (like dividing a specific asset) but disagree on child-related concerns. You can enter partial agreements and bring unresolved disputes to mediation or court. This strategy often reduces the number of issues that must be litigated and can save significant time and expense.

At Adams, Luka, & Benton, P.A., our priority is to safeguard your children’s well-being, your relationship with them, and your financial interests. We know that a contested divorce with children can be one of the most stressful events of your life. Our experienced Orlando family law attorneys are here to guide you, provide peace of mind, and bring clarity to every stage of the legal process.

• We will advocate for fair time-sharing schedules, focusing on your child’s needs and maintaining your strong parental bond.
• We will work diligently to ensure child support is calculated accurately and fairly.
• We will address any domestic violence or safety issues, taking immediate action to protect you and your children if necessary.
• We will fight for your right to make decisions regarding your child if you believe shared parental responsibility is not feasible or safe.
• We will offer compassionate counsel, recognizing the emotional and mental strain you may be experiencing.

If you are preparing to file for divorce or have already been served, seeking quality legal representation is never too early or too late. Even if you suspect your spouse might file soon, getting prompt legal advice can help protect you and your children. Early intervention often prevents complications and strengthens your position as the divorce progresses.

Call us today at 407-872-0303 or 352-357-408,4 or fill out our online form to schedule a consultation with one of our skilled Orlando contested divorce attorneys. Let us help you navigate the legal complexities of a divorce involving children so you can focus on providing the stability and care they need during this challenging time.