A contested custody case is stressful for any parent. The questions are personal: where your children will sleep, who will make decisions about their schooling and health care, and how holidays will be divided. Many parents also worry that the process itself will cause more harm than the disagreement that started it.
The Law Office of John P. Sherman represents parents in Coral Gables and throughout Miami-Dade and Broward counties in custody, parenting plan, and time-sharing disputes. The objective is a workable plan that protects your children’s stability, built on clear evidence and a firm understanding of Florida law. If you would like to discuss your situation now, you may schedule a confidential consultation.
What to look for in a Coral Gables child custody attorney
Searching for the “best” family law attorney is less about advertising and more about fit. For a contested parenting case in Miami-Dade, the following qualities matter most:
- Working knowledge of Fla. Stat. § 61.13 and how local judges apply the best-interests factors
- Trial experience, including contested hearings, depositions, and non-jury trials
- Direct communication with the attorney who is handling your case, not only with support staff
- Transparent pricing, so you understand the cost structure before you commit
- Bilingual service in English and Spanish, which allows both parents and family witnesses to communicate clearly
- A strategic approach that resolves issues efficiently and does not generate unnecessary motions
You may also verify any Florida attorney’s license status and disciplinary history through The Florida Bar’s online member directory. That step is reasonable before hiring anyone.
Why custody disputes escalate, and how to prevent unnecessary conflict
Most custody cases do not become contentious because the legal questions are complicated. They escalate when communication between the parents stops, when one parent uses the schedule as leverage, or when evidence is gathered haphazardly and presented as accusation rather than fact.
A parent who files first is not penalized for doing so. Florida courts decide parenting issues by looking at the child’s best interests, not by asking which parent initiated the case. An aggressive opposing attorney also does not require an equally aggressive response. Judges tend to respond well to parents who are organized, child-focused, and willing to cooperate where cooperation is reasonable.
Our approach is to prepare early, organize evidence around the statutory factors, and reserve motion practice for issues that genuinely need a ruling. That discipline often shortens a case and lowers its cost.
Florida child custody law: parental responsibility and time-sharing
Florida no longer uses the terms “custody” and “visitation” in its statutes. The law instead refers to a parenting plan, which addresses two separate questions:
- Parental responsibility, meaning who makes major decisions about education, health care, and other significant matters. Florida courts ordinarily order shared parental responsibility, which requires the parents to confer on those decisions.
- Time-sharing, meaning the schedule that determines when the child is with each parent, including school-year routines, holidays, and summer breaks.
For a closer look at how these concepts differ, see our explanation of legal and physical custody in Florida.
Under Fla. Stat. § 61.13, the court must decide parenting and time-sharing matters according to the best interests of the child. Section 61.13(3) lists the factors the court evaluates, both when it creates a parenting plan and when it modifies one.
What the court looks at
The statute contains about twenty factors. In summary, they cover:
- Each parent’s demonstrated willingness to facilitate and encourage a close relationship between the child and the other parent
- How parental responsibilities have been divided, and how they are likely to be divided going forward
- Each parent’s ability to meet the child’s needs, including knowledge of the child’s teachers, friends, doctors, and daily routine
- The length of time the child has lived in a stable environment, and the value of continuity
- The geographic viability of the plan, including the distance between homes and the practicality of school transportation
- The mental and physical health of each parent
- The child’s home, school, and community record
- The reasonable preference of the child, if the court finds the child has sufficient maturity and understanding
- Evidence of domestic violence, abuse, neglect, or substance abuse
- Each parent’s ability to participate in school and extracurricular activities and to communicate with the other parent about the child
No single factor controls the outcome. The court weighs them together, which is why the quality of your evidence on each factor matters.
Evidence that supports the best-interests factors in Miami-Dade
Parents often say they “know” they are the better caregiver but cannot say how they would prove it. Courts rely on records, schedules, and credible testimony. The table below connects common factor themes to the kind of documentation that tends to be persuasive.
| Factor theme | Evidence that is often useful |
|---|---|
| Stability and routine | Lease or mortgage records, school enrollment history, a written weekly schedule showing who handles mornings, pickups, homework, and bedtime |
| School involvement | Report cards, teacher emails, parent-conference attendance, records of who completes forms and attends events |
| Health and medical care | Pediatrician records, medication schedules, appointment history showing which parent attends |
| Cooperation and communication | Text and email threads, co-parenting app records, and records of schedule changes offered or refused |
| Geographic practicality | Maps and drive times between each home and the child’s school, along with after-school and extracurricular locations |
| Safety | Police reports, medical records, protective orders, or other documents. Court rulings, if any, should be included |
South Florida adds practical details to this analysis. A proposed schedule should account for school calendars, spring and winter break, hurricane-season travel, extracurricular commitments, and commute times across Miami-Dade. A plan that looks fair on paper but requires a child to cross the county twice on a school day may not be considered workable.
The 50/50 presumption and when it can be rebutted
For cases decided after July 1, 2023, Fla. Stat. § 61.13(2)(c)1. establishes a rebuttable presumption that equal time-sharing is in the best interests of a minor child. A parent who asks for a different schedule must prove, by a preponderance of the evidence, that equal time-sharing is not in the child’s best interests.
The presumption is a starting point and not a guarantee. The court still considers the section 61.13(3) factors, and a parent seeking a departure from equal time must address them directly. Our article on whether Florida is a 50/50 custody state explains the rule in more detail.
If you want equal time-sharing preserved, or you intend to challenge it, a documentation checklist helps:
- Calendars showing the actual care each parent has provided over the past year
- School and medical records showing each parent’s involvement
- Communications that demonstrate cooperation, or the lack of it
- Work schedules and travel requirements for each parent
- Information on each home, including bedrooms, proximity to school, and childcare arrangements
- Names of neutral witnesses, such as teachers, coaches, and pediatricians, who can speak from direct knowledge
- Records of any safety concern, with dates and supporting documents
Parents who seek primary residence or sole decision-making authority face a higher burden. Our guide to getting full custody in Florida describes how courts view those requests.
Common custody dispute scenarios in Coral Gables
Relocation and move-away requests
When a parent wants to move at least 50 miles from the current residence for 60 consecutive days or more, Fla. Stat. § 61.13001 requires either a written agreement or a formal notice and petition process. The court considers how the move would affect the child’s school, relationships, and routine, and whether the proposed new schedule is realistic. Parents who are on either side of a relocation should seek advice before any move takes place.
Communication breakdown and conflict between parents
Courts examine whether each parent supports the child’s relationship with the other. Hostile messages, repeated schedule disputes, and disparaging the other parent in front of the child can weigh against a parent. Keeping communications brief, factual, and civil is among the most effective steps a parent can take. A co-parenting application can create a reliable record.
Safety and substance-related concerns
Allegations about domestic violence, abuse, neglect, or substance use are taken seriously, and the statute treats them as factors. Certain domestic violence convictions can create a rebuttable presumption that shared parental responsibility would be detrimental to the child. Courts rely on reliable evidence: police reports, medical records, treatment records, and credible testimony. Unsupported accusations can damage the credibility of the parent who makes them.
Modifying a time-sharing schedule
A parenting plan is not permanent. To modify it, a parent generally must show a substantial and material change in circumstances that was not reasonably contemplated when the plan was made, and that the change serves the child’s best interests. Typical triggers include a job change, a relocation, a significant change in a child’s needs, or a persistent failure to follow the existing schedule.
Parents who simply want a fair arrangement from the start may benefit from our guide on how to create a fair time-sharing plan.
How time-sharing affects child support
Custody and child support are separate legal matters, but they are connected through the overnight count. Under Florida’s guidelines, a parent who has the child for at least 20 percent of overnights, which is about 73 nights per year, may receive an adjustment in the support calculation. Equal time-sharing does not automatically eliminate support. The parent with the higher income often continues to pay, and the amount depends on each parent’s income and the shared costs of child care and health insurance.
Neither parent may withhold time-sharing because support is unpaid, and neither may stop paying support because time-sharing is denied. Courts treat these as independent obligations. If income is a central issue, such as when a parent has reduced earnings voluntarily, the court may impute income based on what the parent is capable of earning.
What your lawyer will do in a contested custody case
Every case differs, but a contested parenting matter in the Eleventh Judicial Circuit usually follows this sequence:
- Intake and issue framing. We identify what you are requesting, including parental responsibility, the time-sharing schedule, or a modification, and what the other parent is seeking.
- Evidence organization. We gather school records, medical documentation, communications, and calendars, and we sort them by statutory factor.
- Required filings and disclosures. Florida’s family rules require financial disclosure, and parents in most cases must complete a parent education course.
- Mediation and negotiation. Contested parenting issues are generally referred to mediation before a final hearing. We prepare you to negotiate from a clear position without conceding points that matter to your child.
- Hearing or trial preparation. If settlement fails, we prepare exhibits and witnesses and present your case factor by factor. Where appropriate, the court may appoint a guardian ad litem or order a social investigation, and we prepare you for those steps.
Throughout the case, you communicate directly with your attorney. That access allows you to ask what is normal and what is a concern.
Frequently asked questions about custody disputes in Coral Gables
Is Florida a 50/50 custody state?
Florida has a rebuttable presumption favoring equal time-sharing for cases decided on or after July 1, 2023. It is not a guaranteed schedule. A parent can rebut it by showing, with evidence, that equal time-sharing is not in the child’s best interests.
What factors decide a child’s best interests?
The court evaluates the factors listed in Fla. Stat. § 61.13(3). They include stability, each parent’s involvement in the child’s life, the ability to cooperate, the child’s needs, geographic practicality, health, and any history of abuse or substance misuse.
How do I prove the best interests of the child in Florida?
Present documented facts: school and medical records, calendars, communications, and testimony from neutral witnesses. Organize them by factor, so that the court can see how each item supports your proposed plan.
What if the other parent is hiding information or refusing to cooperate?
Keep your own records, make requests in writing, and avoid retaliating. Florida’s discovery process allows formal requests for documents and information, and the court can address noncompliance. Sharing details with your attorney early helps us decide the appropriate response.
What should I document during the case?
Record the schedule actually followed, schedule changes and who requested them, school and medical involvement, and written communications. Keep entries factual, dated, and free of commentary.
Can I change custody without going to trial?
Yes. Many modifications are resolved by agreement, which the court can approve, or through mediation. If the other parent does not agree, you may need to file a petition and show a substantial change in circumstances.
How does time-sharing work with school schedules?
A parenting plan typically sets a regular school-year schedule, then allocates holidays, spring break, winter break, and summer. A strong plan accounts for school start times, transportation, and activities, so that the child’s week is predictable.
Do domestic violence findings affect time-sharing and parental responsibility?
Yes. Domestic violence is a statutory factor, and certain convictions can create a presumption against shared parental responsibility. The court examines the evidence and may restrict or condition time-sharing to protect the child. If you are unmarried, the same framework applies, as described in our guide for unmarried parents.
Credentials, languages, and service area
John P. Sherman has been a licensed Florida attorney since 2017. He began in civil litigation and family law and has handled trials and non-jury trials involving divorce, domestic violence, guardianship, and personal injury matters. The firm focuses on family law and personal injury, and it serves clients in Coral Gables, Miami-Dade, and Broward.
Clients receive direct attorney communication, transparent pricing with no hidden fees, and bilingual service in English and Spanish. If you are reviewing a draft agreement before signing it, our article on how to draft a child custody agreement outlines the essential components of a parenting plan.
Schedule a confidential consultation
A first conversation allows you to describe your goals, review what evidence you already have, and understand which statutory factors are likely to matter in your case. You will leave with a clearer sense of the process and a practical next step.
Contact The Law Office of John P. Sherman to schedule a confidential consultation about your child custody dispute in Coral Gables or elsewhere in Miami-Dade and Broward counties.
