Miami Child Custody Attorneys

Using Mediation to Find an Agreement That’s Right for Your Family

Mediation can help parents resolve parenting-plan disputes without leaving every decision to a judge. Christy L. Hertz is certified in mediation and has practiced since 1993. Our attorneys bring decades of experience as they work with clients to find common ground on time-sharing, parental responsibility, communication, transportation, school decisions, and other issues that matter to the family. When safety concerns, coercion, or domestic violence are present, mediation may require safeguards or may not be appropriate.

How Family Courts Determine the “Best Interests of the Child”

When parents can’t agree on a parenting plan, a judge may need to decide parental responsibility and time-sharing under a structured statutory framework. Family courts evaluate the circumstances of each child and family, including factors such as:

• The moral fitness of each parent.
• The mental and physical health of each parent.
• The child’s ties to their home, school, and community.
• The capacity of each parent to meet the needs of the child.
• The capacity of each parent to maintain an environment free from substance abuse.
• The capacity of each parent to provide a consistent routine for the child.
• Any evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect.
• The geographic viability of the parenting plan and the amount of traveling time.
• The ability of each parent to be involved in the child’s extracurricular activities.
• The ability of each parent to encourage a parent-child relationship with the other parent, honor the time-sharing schedule, and respond reasonably to necessary changes.
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience.
• Any other factor the court deems relevant.

Understanding Florida’s 50/50 Time-Sharing Presumption

Florida law creates a rebuttable presumption that equal time-sharing is in a minor child’s best interests unless the parties agree otherwise or the statute provides otherwise (§ 61.13, Fla. Stat.). The court’s analysis remains specific to the child and the family before it.

However, this presumption isn’t a guarantee. A parent seeking a different schedule must present evidence showing that equal time-sharing is not in the child’s best interests.

This may involve circumstances such as:

• A history of domestic violence, abuse, or neglect.
• Substance abuse or serious mental health concerns.
• An ongoing lack of involvement in the child’s daily care and upbringing.
• Geographical distance that makes an equal rotation impractical for the family.

Whether you’re seeking equal time-sharing or proposing a different arrangement because of safety, caregiving, school, travel, communication, or developmental concerns, our attorneys can help structure proposals and supporting documentation for the best-interest analysis.

Can I Relocate with My Child If I Have a Current Parenting Plan?

A relocation generally means a change in a parent’s principal residence of at least 50 miles for at least 60 consecutive days, subject to statutory exceptions for temporary absences such as vacation, education, or health care (§ 61.13001, Fla. Stat.).

There are two options for the relocating parent:

• Uncontested (agreement). Both parents and every person entitled to access or time-sharing agree to the relocation.
• Contested (petition). The parties don’t reach a written agreement, so the relocating parent must petition the court for approval.

A contested relocation is subject to strict deadlines and legal requirements. A parent opposing a petition generally must respond within 20 days. We can help clients organize evidence concerning the reasons for and against the move, the child’s relationships, school and developmental needs, travel logistics, economic circumstances, and any safety concerns.