Child Custody

Child Custody

When parents separate or divorce, one of the most important questions is where the children will live and how parenting responsibilities will be shared. At McNary Law, our child custody attorneys provide compassionate support and strong advocacy to help families in Bradenton and Sarasota create custody arrangements that protect children’s best interests and parental rights.

Child Custody in Florida: Time-Sharing

Florida no longer uses the term “custody” in its statutes. Instead, the law refers to time-sharing and parental responsibility. Time-sharing is part of a parenting plan that sets out when children spend time with each parent and how major decisions will be made.

Even though the law has changed, most people still search for and talk about “child custody.” At McNary Law, we explain the difference and help parents navigate Florida’s custody (time-sharing) system with clarity and care.


Parenting Plans

Every custody case requires a parenting plan. This legal document outlines:

  • The time-sharing schedule for each parent

  • Decision-making authority for healthcare, education, and activities

  • Methods of communication between parents and children

  • Transportation and exchange responsibilities

We help parents negotiate, draft, and modify parenting plans that reflect their children’s needs while protecting parental rights.


Factors Courts Consider in Custody Cases

When parents cannot agree, Florida courts decide custody based on the best interests of the child. Judges consider factors such as:

  • Each parent’s ability to provide a safe, stable home

  • The child’s relationship with each parent

  • Each parent’s willingness to foster a positive relationship with the other parent

  • The child’s school, community, and home environment

  • Each parent’s physical and mental health

  • Any history of domestic violence or substance abuse

Our attorneys present strong evidence to ensure your child’s well-being is prioritized.


Relocation and Custody

If a parent wants to relocate more than 50 miles away with a child, Florida law requires either written agreement from the other parent or court approval. Relocation cases are complex because they affect parenting time and stability. Our attorneys represent parents on both sides of relocation cases, protecting parental rights while focusing on what’s best for the child.


Modifications to Custody Orders

Life circumstances can change after a custody order is entered. If there has been a substantial change in circumstances — such as job relocation, changes in a child’s needs, or safety concerns — custody and parenting plans may be modified. McNary Law helps parents request or oppose modifications to ensure custody arrangements remain fair and workable.


Child Custody FAQs

Is custody always 50/50 in Florida?
Not necessarily. Florida encourages shared parenting, but the actual schedule depends on the child’s best interests.

What if the other parent won’t follow the parenting plan?
You can ask the court to enforce the order. Courts may hold the non-compliant parent accountable and adjust time-sharing.

Can children choose which parent to live with?
Florida courts may consider a child’s wishes depending on age and maturity, but the decision is ultimately based on best interests.

Does domestic violence affect custody?
Yes. A history of domestic violence can heavily impact custody decisions and may limit or restrict a parent’s time-sharing rights.


Why Choose McNary Law?

At McNary Law, we know that custody cases are about more than schedules — they’re about your children’s future. Guided by our core values of honesty, integrity, and compassionate problem-solving, our Bradenton and Sarasota custody attorneys provide skilled advocacy with a focus on protecting children and families.


Contact McNary Law Today

If you are facing a custody dispute or need to establish or modify a parenting plan, our attorneys are here to help. We serve families in Bradenton, Sarasota, and across Manatee County with in-person and remote services.

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