Jacksonville Child Custody Lawyer

Custody Attorneys Committed to Defending Your Parental Rights

Child Custody Laws in Florida

In Florida, child custody refers to the rights and responsibilities each parent has after a separation or divorce. Legally, it includes both time-sharing (physical custody) and parental responsibility (legal custody).

Florida law encourages shared parenting whenever possible, allowing both parents to remain actively involved in the child’s life. However, if shared custody would be harmful to the child, courts may award sole custody to one parent.

Working with an experienced Jacksonville child custody attorney can help ensure your parental rights are protected while keeping the child’s best interests at the center of every decision.

Types of Custody in Florida

Florida recognizes two key forms of custody: legal custody and physical custody.

• Legal custody involves the right to make decisions about the child’s education, medical care, and other major issues.
• Physical custody, referred to as time-sharing in Florida, covers where the child lives and who provides daily care.

Parents may have joint custody, where responsibilities are shared, or sole custody, where one parent has primary authority.

Courts prefer joint arrangements whenever appropriate. A Jacksonville child custody lawyer can help determine which type of custody aligns with your situation.

Florida’s Best Interests Standard

Custody decisions in Florida are always based on the best interests of the child. Courts consider each parent’s ability to provide a stable home, maintain a consistent routine, and communicate effectively. They’ll also weigh the child’s relationship with each parent, any history of abuse, and willingness to support the other parent’s role.

Judges aim to create an arrangement that supports the child’s emotional, physical, and developmental well-being.

How Duval County Courts Decide Custody Cases

Florida courts base custody decisions on what serves the child’s best interests, not either parent’s personal wishes.

Judges evaluate a wide range of factors to determine the most stable and supportive environment. The goal is to promote a custody arrangement that encourages both parents to remain active and involved, unless doing so would put the child at risk.

Whether you’re negotiating a parenting plan or litigating custody in court, having a knowledgeable Jacksonville child custody attorney ensures your case is presented clearly and effectively.

Common Factors Judges Weigh

• Parental fitness and ability to provide day-to-day care
• History of domestic violence or substance abuse
• Stability of each parent’s living arrangements
• The child’s relationship with each parent
• The child’s preferences, if they are mature enough

Parental Relocation & Custody

If one parent plans to move more than 50 miles away for over 60 days, Florida law requires notice and court approval (Fla. Statute 61.13001).

Relocation can affect time-sharing, so courts review how the move would impact the child’s routine, schooling, and relationship with the other parent. Violating relocation rules may lead to legal penalties or a change in custody.

Why Hire Sasso Guerrero & Henderlite

When custody is on the line, you need a team with both skill and strategy. At Sasso Guerrero & Henderlite, we bring decades of combined experience in Florida custody law and a reputation for clear, consistent advocacy.

Who We Represent

We work with mothers, fathers, grandparents, same-sex couples and unmarried parents across Jacksonville seeking to establish or defend custody and time-sharing rights.

Our Approach

At Sasso Guerrero & Henderlite, your case is backed by the only firm in North Florida with three board-certified lawyers in Marital & Family Law.

We take a focused, strategic approach – aiming for resolution through negotiation when possible, and litigation when necessary.

Every custody plan we build reflects a deep understanding of Florida law and puts your child’s best interests first. You’ll have a legal team that’s experienced, trial-ready, and fully committed to protecting your parental rights at every stage.

Drafting and Modifying Parenting Plans

A parenting plan in Florida outlines each parent’s time‑sharing schedule, decision-making roles, communication methods, and logistics – from holidays to school registration. It must be developed by both parents (or proposed to the court) and approved by a judge to ensure it meets the child’s best interests.

Working with a skilled Jacksonville child custody attorney helps you draft clear, child-focused agreements that stand up to judicial scrutiny.

Lawyers for Parenting Plans in Florida ➔

Creating a Parenting Plan

A parenting plan must include details on:

• Time‑sharing schedule (weekends, holidays, vacations)
• Parental responsibilities, like education and healthcare
• Communication guidelines for co‑parenting

Court approval is required for the plan to be enforceable under Florida law.

Modifying Custody Agreements

To modify an existing plan, Florida requires proof of a substantial and material change in circumstances, plus evidence that the change benefits the child. The requesting parent must file a petition demonstrating these conditions and gain court approval.

Jacksonville Attorneys for Modifications ➔

Challenges We See in Custody Cases

Florida custody cases often involve complex challenges like abuse allegations, parental alienation, or claims of an unfit parent.

Addressing these issues early is crucial. Our team at Sasso Guerrero & Henderlite will guide you through tough situations with clear advice and strong advocacy, ensuring the court focuses on facts, not emotions, always prioritizing your child’s safety and well-being.

Unfit Parent Allegations

Unfit parents in Florida are those unable to provide a safe, stable home due to issues like domestic violence, substance abuse, or unmanaged mental health conditions.

Proving unfitness requires concrete evidence demonstrating a real risk to the child such as police reports, treatment records, or testimony.

Parental Alienation

Parental alienation happens when one parent intentionally undermines the child’s relationship with the other.

Florida courts view this behavior seriously and may adjust time-sharing to protect the child’s bond. Detailed documentation – emails, texts, or recordings – can show the pattern needed to support your case.

Frequently Asked Questions About Child Custody in Jacksonville

What does “best interests of the child” mean in Florida?

Florida courts prioritize the child’s well-being when making custody decisions. This includes emotional stability, safety, and ongoing relationships with both parents (Fla. Stat. § 61.13(3)). Judges consider factors like each parent’s involvement, home environment, ability to co-parent, and history of abuse or neglect. The court’s goal is to support the child’s physical, mental, and emotional development.

Can a child choose who they live with?

Children under 18 cannot decide custody, but judges may consider their reasonable preference based on age and maturity (Fla. Stat. § 61.13(3)(i)). The child’s input is just one of many factors the court reviews.

How is joint custody different from sole custody?

Joint custody (shared parental responsibility) means both parents make major decisions and share time. Sole custody grants one parent full decision-making authority, often due to safety or cooperation issues. Florida generally favors shared arrangements unless one parent is unfit.

Can grandparents get custody or visitation?

Florida allows limited grandparent rights, typically when parents are deceased, missing, or unfit. Grandparents must prove that visitation is in the child’s best interests and doesn’t interfere with parental rights.

What is a Relative Caregiver Action? ➔

What qualifies as a substantial change for modification?

To change a custody order, there must be a substantial, unexpected change – such as relocation, job loss, or safety concerns. The change must benefit the child and justify altering the original plan.

What if the other parent won’t follow the parenting plan?

You can file a motion for enforcement. The court may impose penalties or change custody if a parent repeatedly violates the plan.

What happens if one parent has a history of abuse or violence?

Courts take domestic violence very seriously. Evidence of abuse may result in limited or supervised time-sharing, or sole custody to the other parent.

Schedule a Consultation With Sasso Guerrero & Henderlite

We provide clear, experienced guidance for parents facing child custody issues in Florida. Whether you’re drafting a parenting plan or responding to a dispute, our team is here to help.

Reach out today to speak with a trusted Jacksonville child custody attorney who understands the law, prioritizes your goals, and puts your child’s future first. Consultations are available at any of our three office locations near Jacksonville.