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Child Custody in Altamonte Springs: A Guide for Married Parents

Child Custody in Altamonte Springs: A Guide for Married Parents

Child Custody in Altamonte Springs: A Guide for Married Parents

The thought of splitting time with your children feels impossible for many parents in Altamonte Springs. When a marriage ends, the uncertainty about who makes decisions and where the kids sleep is often the biggest stressor. You don't have to figure this out alone.

Understanding Florida Time-Sharing Laws

Florida law actually stopped using the term "custody" back in 2008 to reduce conflict between parents. Instead, we use "parental responsibility" (decision-making) and "time-sharing" (physical schedule). Most judges in Seminole County start with the presumption of 50/50 shared parental responsibility unless there's a safety issue.

This means both parents usually keep the right to make choices about healthcare, education, and religious upbringing. It's rarely a situation where one parent "wins" and the other visits on weekends. If you're concerned about how this shift affects your specific situation, speaking with a divorce attorney early in the process helps clarify your rights.

In our family law practice Altamonte Springs, Florida residents often ask if mothers are favored over fathers. The answer is no. Florida statutes explicitly prohibit giving preference based on gender. The court focuses entirely on the child's needs and the parents' ability to meet them.

How Do Courts Determine Time-Sharing Schedules?

The court looks at 20 specific factors listed in Florida Statute 61.13 to decide what's best for the child. These include the mental health of parents, the child's routine, and how well parents encourage a relationship with the other parent. It's not about what the parents want; it's about the child's stability.

For example, if you live in the Spring Lake area and your children attend Lake Brantley High School, a judge will hesitate to approve a plan that disrupts their education or extracurriculars. They want to see that the children can maintain their community ties.

Other factors include:

  • The demonstrated capacity of each parent to communicate with the other.
  • The length of time the child has lived in a stable environment.
  • Evidence of domestic violence or substance abuse.
  • The geographic viability of the parenting plan (how far apart you live).

Can We Resolve Custody Without a Judge?

Yes, about 90% to 95% of divorce cases in Florida settle during mediation before ever reaching a trial. Mediation puts the control in your hands rather than a judge's, usually costing $200-$400 per hour split between parties, compared to thousands for a trial.

Mediation allows you to build a custom schedule that fits your real life, not a standard court template. For couples who want to keep their disputes completely private and out of the courtroom, collaborative law is a powerful option. This process involves a team of professionals helping you settle respectfully.

We often recommend this route because it shields children from the crossfire of litigation. A judge doesn't know your family dynamic, but you do. By working together, you save money and reduce the emotional toll on your kids.

What Must Be Included in a Parenting Plan?

A parenting plan is a required legal document that outlines the daily schedule, holiday rotations, and communication methods. It must describe exactly how parents will share responsibility for daily tasks, from school pickup to medical appointments. Without this detailed roadmap, conflicts are almost guaranteed.

A robust parenting plan covers:

  • Daily Schedule: Specifically, which days the child spends with each parent (e.g., 2-2-5-5 rotation or week-on/week-off).
  • Holidays: How major events like Christmas, Thanksgiving, and Spring Break are divided. Usually, parents alternate these annually.
  • Transportation: Who drops off and who picks up. We often suggest meeting at a neutral spot if tensions are high, like a public location near Cranes Roost Park.
  • Communication: How parents talk to each other (text, email, or app) and how the child talks to the other parent.

If you don't have a plan in place, simple disagreements can turn into expensive legal battles. In our experience, the more specific the plan is right now, the less you'll fight about it three years from now.

When Should You Hire a Family Law Attorney?

You need legal counsel immediately if your spouse denies you access to the children or if significant assets are involved. Attempting to handle a custody dispute alone can result in losing time-sharing rights that are difficult to modify later. The modification standard requires a "substantial change in circumstances," which is a high legal bar to clear.

family law practice Altamonte Springs, Florida locals trust will know the specific tendencies of Seminole County judges. For instance, knowing how a particular judge views relocation requests (moving more than 50 miles away) can change your entire strategy.

Hiring a professional also ensures your paperwork is filed correctly. The filing fee alone for a dissolution of marriage in Florida is generally around $400, and mistakes can cause delays or dismissals. We handle the procedural deadlines so you can focus on your children.

Protecting Your Relationship With Your Children

Your relationship with your children is the most important thing in your life. Don't leave your future time with them up to chance or a generic online form. You need a strategy that protects your rights while keeping the peace.

If you have questions about time-sharing, support, or divorce, we're here to help. Contact the Frank Family Law Practice at (407) 629-2208 to schedule a consultation. We'll help you build a stable future for your family.