Brevard County Custody and Visitation Law

The Court in the State of Florida no longer uses the terms “custody” and/or “visitation”. The current terms are “time-sharing” and “parental responsibility.”

In most cases, the parents are awarded shared parental responsibility.  However, in extreme cases only, the Brevard County Court will award sole parental responsibility to one parent over the other.  In addition, the majority of Parenting Plans or Time-Sharing Agreements no longer give physical custody to the mother. This leaves fathers with access to their children only a couple of weekends each month. If you are a father, it is much more likely that you will have weekly time-sharing with your child(ren).

When determining parental responsibility and time-sharing issues, the Court will consider what is in the best interest of the child(ren).  Factors the Court uses in this determination include:

  • Demonstrated capacity and disposition of each parent to…
    • Facilitate and encourage a close and continuing parent-child relationship
    • Abide by the time-sharing schedule
    • Be reasonable when changes are required
  • Demonstrated capacity and disposition of each parent to determine, consider and act upon the best interest of the child(ren)
  • The moral fitness of the parents
  • The mental and physical health of the parents
  • Demonstrated capacity and disposition of each parent to provide a consistent routine for the child(ren)
  • Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect

There are many ways in which time-sharing can be arranged to accommodate a family’s needs.  Parties can agree to base time-sharing schedules upon the parents’ work schedules, child(ren)’s school schedules, and activities. Moreover, the parties could simply do a week on/week off. We will be available to help guide you when the time comes to arrange your time-sharing.

Litigation, enforcement, and modification

Sometimes, it becomes necessary to enforce or modify existing time-sharing.  We can litigate your time-sharing issues no matter how complex your case is.  If the other parent is failing to comply with court-ordered time-sharing, then we can enforce your Court order. Or, if your circumstances have changed and need to modify your time-sharing, then we can file to have your time-sharing modified.  Whatever your situation, we will guide you through the proper legal procedures to enforce or modify your time-sharing to accommodate any changing circumstances in your life.

Do you live in Brevard County and need help with a time-sharing matter? Do you need legal counsel for another family law issue? If the answer is “Yes!”, then I stand ready to assist you. Call my Melbourne office at (321)728-2311 or contact me online to schedule a free initial consultation. I look forward to meeting you.