Practice Areas / Family Law / Child Custody
Child Custody & Timesharing
Protecting your parental rights and your child's best interests across St. Johns County and Northeast Florida.
Child custody disputes are among the most emotionally charged and legally complex matters a parent can face. In Florida, the law doesn't use the term "custody" — instead, it uses parental responsibility (decision-making authority) and timesharing (the schedule of when each parent has the child). Understanding this distinction and how Florida courts apply it is critical to protecting your rights.
Florida courts start from a baseline preference for shared parental responsibility and maximize timesharing with both parents — unless doing so would harm the child. This means the outcome of your case depends heavily on the specific facts: your relationship with your child, each parent's involvement in the child's life, stability, and a range of statutory factors that judges are required to consider.
At The Desai Firm, we help parents understand where they stand, what the court is likely to prioritize, and how to build the strongest possible case — whether that's reaching a workable parenting plan through negotiation or advocating for you in court.
Common Issues We Handle
- Initial custody and timesharing determinations during divorce
- Parenting plan disputes between unmarried parents
- Modification of existing timesharing orders
- Relocation requests (moving a child out of area or out of state)
- Enforcement of timesharing when the other parent won't comply
- Paternity actions and establishing parental rights
- Grandparent visitation rights
- Emergency motions and temporary timesharing orders
- Parental alienation concerns
- Guardian ad litem proceedings
What We Do
- Analyze the statutory 'best interests of the child' factors as they apply to your specific situation
- Draft comprehensive parenting plans that address daily schedules, holidays, school decisions, and healthcare
- Negotiate parenting agreements with opposing counsel or directly in mediation
- File motions to enforce or modify timesharing orders when circumstances change
- Represent you at evidentiary hearings, case management conferences, and trials
- Coordinate with guardians ad litem and child psychologists when appointed by the court
- Advise on documentation strategies — what evidence matters and how to preserve it
What to Expect
- A candid assessment of what Florida courts are likely to prioritize in your situation
- Clear explanation of the parenting plan process and what a judge will be looking for
- Regular updates on your case status, upcoming hearings, and required documentation
- Honest guidance on when to fight and when a negotiated plan serves your child better
- Responsive communication — your attorney answers your questions directly
Frequently Asked Questions
How does Florida determine child custody?
Florida courts determine timesharing and parental responsibility based on the 'best interests of the child' standard. Judges evaluate 20 specific statutory factors including each parent's ability to meet the child's needs, the child's established routine and school record, the mental and physical health of each parent, the willingness of each parent to support the child's relationship with the other parent, and evidence of domestic violence or substance abuse. There is no automatic preference for mothers over fathers.
Can a timesharing order be changed after it's entered?
Yes, but the burden is significant. To modify a final timesharing order, the requesting parent must show a substantial, material, and unanticipated change in circumstances since the last order was entered, and that the modification is in the best interests of the child. Common grounds include relocation, a parent's substance abuse issue, or a major change in the child's needs or school situation.
What is a parenting plan in Florida?
A parenting plan is a court-approved document that governs how parents share responsibility for their child. It must address: (1) how daily tasks and decision-making responsibility will be divided; (2) the timesharing schedule in detail, including weekdays, weekends, holidays, and school breaks; (3) which parent designates the child's primary residence for school enrollment purposes; and (4) how parents will communicate about the child.
What happens if the other parent violates the parenting plan?
If the other parent repeatedly fails to comply with the court-ordered timesharing schedule, you can file a motion for enforcement. Florida courts take violations seriously — the court can order makeup timesharing, require the violating parent to pay your attorney's fees, or impose other sanctions. In serious or repeated cases, the court may modify the timesharing order in your favor.
Do I need an attorney for a child custody case?
You are not required to have an attorney, but the stakes in a custody case — your relationship with your child and your parental rights — are too important to leave to chance. The parenting plan entered by the court can be very difficult to modify later. An attorney can help you avoid common mistakes, protect your rights in mediation, and ensure the parenting plan reflects your actual goals and your child's needs.
This information is for general educational purposes only and does not constitute legal advice. Consult with an attorney for advice specific to your situation.