Child Custody

Child custody, known in Florida as parental responsibility and time-sharing, determines how divorced or separated parents share decision-making and physical time with their children. These arrangements affect a child’s daily life and require careful legal planning to get right.

At Sasso Guerrero & Henderlite, our family law attorneys help parents establish, negotiate, and modify custody arrangements that serve their children’s best interests while protecting their parental rights. We represent clients in both amicable co-parenting arrangements and highly contested custody disputes.

What this service includes

  • Parenting plans and time-sharing schedules
  • Parental responsibility determinations (shared vs. sole)
  • Relocation and long-distance parenting disputes
  • Custody modifications due to changed circumstances
  • Grandparent and third-party custody rights
  • Emergency and temporary custody orders
  • Custody disputes involving domestic violence or safety concerns
  • Mediation and negotiated parenting agreements
  • Litigation and courtroom representation when disputes cannot be resolved
  • Enforcement of existing custody and time-sharing orders

Our process

  1. Case analysis: Review the family’s situation, existing agreements, and any safety concerns to assess the case specifics.
  2. Legal filings: The custody process begins with a petition to establish or modify parental responsibility and time-sharing, filed with the court.
  3. Negotiation and mediation: Many custody matters are resolved through negotiation or mediation, allowing parents to shape a parenting plan tailored to their family rather than leaving it to a judge.
  4. Litigation and trial: If parents cannot agree on parental responsibility or time-sharing, the case may proceed to litigation, where a judge decides based on the child’s best interests.
  5. Final documentation: Finalize and provide clients with all necessary legal documents confirming the parenting plan and time-sharing schedule.
Three young kids with their arms around each other

Frequently asked questions

How long does a child custody case take? 

Timelines vary depending on whether parents agree on major terms. An uncontested parenting plan can sometimes be finalized within weeks, while contested cases involving evaluations or litigation may take several months or longer.

Does Florida favor mothers or fathers in custody cases? 

No. Florida law does not presume that either parent should have primary custody based on gender; courts decide based on the best interests of the child.

What is the difference between custody and time-sharing? 

Florida no longer uses the term “custody” in its statutes. Instead, courts establish parental responsibility (decision-making authority) and a time-sharing schedule (the parenting plan for physical time).

Will I have to go to court? 

Not necessarily. Many custody matters are resolved through negotiation or mediation. If parents cannot agree on key issues, litigation may be required.

Can a custody order be changed later? 

Yes. Either parent can request a modification if there has been a substantial, material, and unanticipated change in circumstances since the original order.