When your child’s future is on the line, nothing matters more than having the right attorney by your side. At McNary Law, we understand the emotional weight child custody issues carry for families in Bradenton, Sarasota, and across Manatee and Sarasota Counties.
Whether you’re navigating a divorce, modifying a parenting plan, or dealing with relocation, our attorneys offer compassionate, strategic advocacy designed to protect what matters most: your relationship with your child.
Understanding Florida Child Custody Law
In Florida, “child custody” is legally referred to as parental responsibility and time-sharing. The court’s primary focus is always the best interest of the child. That means both parents are encouraged to play active roles in their child’s life—unless doing so would be harmful.
There are two key components:
Parental Responsibility: Who makes major decisions (education, medical care, etc.)?
Time-Sharing: When does each parent physically spend time with the child?
Our Bradenton and Sarasota attorneys are experienced in negotiating and litigating custody arrangements that serve your child’s needs and reflect your parenting goals.
Types of Custody Arrangements in Florida
Florida no longer uses terms like “sole custody” or “primary custody,” but here’s how custody typically plays out:
Shared Parental Responsibility
This is the most common arrangement. Both parents must collaborate on major decisions. Courts strongly favor shared responsibility unless there’s evidence of abuse, neglect, or domestic violence.
Sole Parental Responsibility
Granted in rare cases where one parent is unfit or poses a danger to the child. The other parent may still have time-sharing, but with restrictions.
Equal or Majority Time-Sharing
Parents may split time 50/50, or one may have a majority of the time. Either way, a parenting plan must detail the schedule and how decisions will be made.
How Courts Decide Custody in Florida
Florida courts examine several factors under F.S. 61.13, including:
The child’s emotional and developmental needs
Each parent’s ability to provide a stable environment
Mental and physical health of each parent
School and community ties
Willingness to foster a relationship with the other parent
Evidence of domestic violence or substance abuse
Let our experienced Bradenton and Sarasota attorneys present your strongest case in or out of court.
Parenting Plans: Custom Agreements for Your Family
Every custody case in Florida requires a parenting plan approved by the court. These plans outline:
A detailed time-sharing schedule
Parental responsibilities
Holiday and vacation time
Transportation arrangements
Communication guidelines
We’ll help you create a plan that’s legally sound and tailored to your family’s needs.
Modifying a Child Custody Agreement
Life changes. If your current plan is no longer workable due to relocation, job changes, or safety concerns, a modification may be necessary.
Our attorneys can help if:
You or your co-parent want to relocate more than 50 miles away
A parent’s circumstances have significantly changed
Your child’s safety is at risk
We also handle child support modifications and alimony modifications, often related to changes in custody.
Relocation with a Child
Under Florida Statute 61.13001, relocating with your child requires court approval or agreement from the other parent if the move is 50+ miles. This process involves:
Filing a Petition to Relocate
Notifying the other parent
A hearing to determine if the move is in the child’s best interest
If you’re considering a move—or need to oppose one—our relocation attorneys can guide you through every step.
Domestic Violence and Custody
When custody involves domestic violence allegations or injunctions, courts act swiftly to protect the child. We’re experienced in:
Securing injunctions
Representing survivors in court
Challenging untrue or exaggerated claims
We also handle domestic violence defense, offering full legal representation on both sides of these complex issues.
Common Questions About Child Custody in Florida
Can my child choose which parent to live with?
Courts may consider a child’s wishes, especially if mature, but it’s one of many factors.
Do I need to go to court for a custody agreement?
No. Many families resolve parenting plans through mediation or settlement. We offer mediation services led by certified family mediators.
What if the other parent won’t follow the parenting plan?
You can file for enforcement. Courts may impose penalties or modify custody if violations continue.
Why Choose McNary Law?
Local Focus: We serve Bradenton and Sarasota exclusively, with deep roots in both communities.
Compassionate Problem-Solvers: We approach every case with empathy, strategy, and a focus on resolution.
Certified Mediators: Sean Powers is a Florida Supreme Court Certified Circuit Civil Mediator. Melinda Delpech is a Certified Family Mediator.
Broad Legal Support: We offer comprehensive representation in divorce, alimony, child support, injunctions, and criminal defense matters that often intertwine with custody cases.
Call an Experienced Child Custody Attorney Today
Whether you’re just beginning a custody case or need help modifying an existing plan, we’re ready to help. Protect your child’s future by working with a trusted attorney who understands the courts in Bradenton and Sarasota.
Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.
