Winter Park Child Custody Lawyer

Compassionate Advocacy for Child Custody Cases

At Richard A. Heller, P.A., we understand that nothing is more important to a parent than the safety and well-being of their child. As such, we are committed to protecting your parental rights and ensuring your child’s best interests are safeguarded throughout the legal process. Child custody law can be complex and emotionally challenging, but with our personalized legal strategies and supportive counsel, we are here to guide you every step of the way.

By retaining a dedicated Winter Park child custody attorney from our firm, you gain an advocate who will vigorously defend your case, your rights, and your child’s future. Since 1990, our firm has been representing clients in divorce and family law matters throughout Winter Park and Greater Orlando. We understand the nuances of Florida family law and are prepared to pursue the best possible outcome for your case.

Understanding Child Custody Law in Florida

In Florida, the "best interests of the child" is the paramount consideration in all child custody matters. In July 2023, Florida changed the statute regarding these matters to make equal time-sharing the norm.  The judges in Florida had already gone toward that direction for over a decade.  Thus, if a parent seeks equal overnight time-sharing with a child, the Court must grant it unless they find it is not in the child’s best interests.   There are reasons not to do equal time-sharing (also called “50/50” time-sharing).  Sometimes it may be something simple such as a parent has no real ability to handle the child 50% of the time.  Other times it may require an investigation such as those done by Guardian Ad Litems.

In Florida, the word “custody” is generally not used anymore.  It is now called “time-sharing”, and a “Parenting Plan” is made by the parties or the Court (if the matter goes to trial) which will state the parties’ rights and responsibilities regarding the child.  The new Florida law still leaves fully open for discussion and potential litigation which parent should be designated as the primary residence of the child for school purposes.

What other states frequently call “joint physical custody”, Florida would refer to as equal time-sharing or “50/50 time-sharing”.  What other states frequently call “joint legal custody”, Florida calls “shared parental responsibility”.   Shared parental responsibility is granted in the overwhelming majority of cases. This phrase refers to equal rights to make major decisions regarding a child, and equal rights to information from teachers, doctors etc.

Sole time-sharing or sole parental responsibility are granted in exceptional cases. If you believe that granting the other parent normal rights regarding the child would jeopardize your child's safety or well-being, it is crucial to share these concerns with your attorney.

If you and the other parent wish to avoid litigation, we can assist you in drafting a legally binding parenting plan, which may then be submitted to the court for approval.