Child Custody Attorney in Sarasota, FL
Board-Certified Family Law Representation for Sarasota Parents
Child custody disputes are among the most consequential legal matters a parent will ever face. The decisions made during this process shape where your child lives, who makes decisions about their education and healthcare, and how your family moves forward. At Schipani Law Group, P.A., our entire practice is devoted to divorce and family law, and our lead attorney, Philip J. Schipani, holds Florida Bar board certification in Matrimonial and Family Law, a distinction fewer than 10 percent of Florida attorneys have earned. That level of preparation can make a meaningful difference when the stakes are highest.
We handle custody matters from initial negotiation and mediation through trial. Mr. Schipani is also a Fellow of the American Academy of Matrimonial Lawyers, a recognition reserved for attorneys with demonstrated achievement in family law. When you bring a custody dispute to our firm, you aren’t working with a general practice attorney who occasionally handles family matters. You’re working with a team that has focused on these cases for well over a decade.
Need legal representation in a child custody matter? Call a child custody attorney in Sarasota at (941) 499-8154 for capable and compassionate advocacy.
How Florida Custody Law Works
Florida courts don’t use the term “custody” in the traditional sense. The statutes use timesharing and parental responsibility as the governing concepts. Timesharing refers to where the child lives and how time is divided between parents. Parental responsibility refers to decision-making authority over education, healthcare, religion, and other major life decisions.
Every case involving minor children requires a court-approved parenting plan that addresses the daily schedule, school logistics, holiday arrangements, transportation, healthcare decisions, and how parents will communicate. Florida courts default to shared parental responsibility, meaning both parents retain decision-making authority unless the court finds that arrangement would be detrimental to the child. Sole parental responsibility requires that specific finding. Cases in Sarasota are heard within the Twelfth Judicial Circuit, and judges apply the best-interest standard to every timesharing and parental responsibility determination.
We assist parents and other family members with all aspects of custody, including:
- Jurisdictional custody
- Out-of-state relocations
- Post-decree modifications
- Extended family custody
- Parental abductions
- The Hague Convention and international abduction
Child Abduction: Domestic & International Cases
When a child has been taken by the other parent, immediate legal action is the priority. Our team has reunited multiple families whose children were wrongfully abducted, and we handle both domestic and international cases.
In domestic situations, we move quickly to obtain emergency court orders and coordinate with law enforcement to locate the child. In international cases, we apply the Hague Convention on the Civil Aspects of International Child Abduction, a treaty that provides a legal process for seeking the return of children wrongfully removed from their country of habitual residence. That process involves coordination with the U.S. Department of State and the foreign country’s central authority. We know how to navigate it.
Time matters in these cases. Delays complicate both the legal proceedings and the practical reality of locating a child who has been moved across state or international lines. If you believe your child has been taken, contact us immediately.
Child Custody in a Same-Sex Divorce
Same-sex couples who divorce have the same rights and protections in Florida courts as different-sex couples. When children are involved in a same-sex divorce, however, determining legal parentage and whether a non-biological partner has visitation rights can be complex.
Your rights will depend on when and how the child joined your family, which could include:
- A prior heterosexual relationship
- Assisted reproduction
- Adoption
If the child was born or adopted before the marriage, only one partner may hold legal parentage, and the other may have no automatic custody or visitation rights. If the other partner adopted the child during the marriage, however, they may have a right to a continuing relationship with the child after separation.
Same-sex parents can also face challenges proving active parental involvement or establishing legal parentage when there is no biological connection. We’re experienced in addressing these situations and work to have each parent’s relationship with their child recognized in court.
Child Support Calculations Under Florida’s Guidelines
Florida child support is calculated using statutory guidelines that consider each parent’s gross income, the number of overnight stays the child spends with each parent, and additional expenses including health insurance and childcare. The guidelines establish a baseline that can be adjusted based on the child’s specific circumstances, such as extraordinary medical costs or educational needs.
We handle both initial child support determinations and modifications when circumstances change. A significant shift in either parent’s income, a change in the child’s needs, or a new timesharing arrangement can each support a petition for modification. Our attorneys present the financial documentation and legal arguments needed to pursue a fair result, whether we’re negotiating an initial agreement or seeking a revised order.
Parenting Plans & Relocation in Sarasota
A thorough parenting plan does more than satisfy the court’s requirements. It can reduce future conflict by establishing clear expectations before disagreements arise. We draft co-parenting agreements tailored to each family’s specific schedules, geography, and communication style. A complete plan covers the daily timesharing schedule, holidays and vacations, school enrollment and transportation, healthcare decision-making, and how parents will communicate about the child.
Relocation adds a layer of complexity. Under Florida law, a parent with timesharing rights who wants to move more than 50 miles from their current primary residence must obtain the other parent’s written agreement or petition the court before relocating. The court evaluates whether the move serves the child’s best interests and, if it approves the relocation, typically requires a revised parenting plan addressing travel logistics and how the child can maintain a meaningful relationship with the non-relocating parent. Florida law also requires all parties to a custody proceeding involving minor children to complete a court-approved parenting course before a custody order is finalized.
Custody Rights for Unmarried Parents in Sarasota
When a child is born to unmarried parents in Florida, the mother is presumed to have sole custody. An unmarried father has no automatic right to timesharing or parental decision-making authority until paternity is legally established, either through a court proceeding or a Voluntary Acknowledgment of Paternity.
Once paternity is confirmed, the father can petition for a parenting plan and timesharing schedule. Florida courts apply the same best-interest analysis used in divorce cases, so the outcome turns on the specific facts of each family’s situation. Establishing paternity also triggers child support obligations and can entitle the child to inheritance rights, health insurance, and access to the father’s medical history. Unmarried parents who are able to cooperate can reach a parenting plan through mediation or negotiation and submit it to the court for approval without full litigation.
Frequently Asked Questions
What Factors Do Florida Courts Use to Decide Custody?
Florida custody decisions turn on the child’s best interests. Judges evaluate each parent’s ability to provide a stable and supportive environment, the mental and physical health of both parents, the child’s existing relationships with siblings and extended family, any history of domestic violence, and the child’s own preference if they are old enough to express one meaningfully. The court also considers which parent is more likely to encourage a positive relationship with the other.
How Are Child Support Amounts Determined?
Florida’s statutory guidelines calculate support using each parent’s gross income, the number of overnight stays with each parent, and child-related expenses including healthcare and childcare. Extraordinary costs such as significant medical needs may also factor into the final amount, and the guidelines establish a baseline that can be adjusted based on the child’s circumstances.
What Are the Legal Implications of Same-Sex Parenting in Sarasota?
Same-sex parents in Sarasota have the same legal rights and responsibilities as any other parent. Complications most often arise around establishing parentage when one partner has no biological connection to the child and didn’t formally adopt during the marriage. Our team handles parentage determinations, advocates for parental rights under current Florida law, and helps same-sex parents build agreements that reflect both partners’ roles in the child’s life.
How Can I Modify a Custody or Support Order?
To modify an existing custody or support order, you must show a substantial change in circumstances since the original order was entered. Qualifying changes include a significant shift in either parent’s income, a relocation, or a change in the child’s school, healthcare needs, or living situation. The process involves filing a petition and presenting supporting evidence. We handle post-decree modifications and work to pursue any revised order that continues to serve the child’s best interests.
What Should I Do If I Suspect Parental Abduction?
Act immediately. Contact local law enforcement and reach out to our office as soon as possible. In domestic cases, we can file an emergency motion addressing custody violations and coordinate with law enforcement to locate the child. In international cases, we can initiate the Hague Convention process through the U.S. Department of State and the foreign country’s central authority. Delays in either type of case can significantly complicate proceedings, so prompt action is critical.
What Is a Guardian ad Litem & When Does a Court Appoint One?
A Guardian ad Litem is an independent representative appointed by the court in some contested custody cases to investigate and advocate for the child’s best interests, separate from either parent’s attorney. The GAL typically conducts home visits, interviews both parents and the child, reviews relevant records, and submits written recommendations to the court. Judges aren’t required to follow those recommendations, but they can carry significant weight. A GAL is most commonly appointed in high-conflict cases or when allegations of abuse or neglect are present.
Representing All Sarasota Parents in Custody Disputes
We represent individuals and families across Sarasota, Bradenton, and communities throughout Southwest Florida, including gay, lesbian, and transgender parents in custody disputes related to divorce and separation. If one partner doesn’t hold legal parentage, we have experience establishing custodial rights and building arguments for a continuing parental relationship.
If you have concerns about your parental rights, we invite you to schedule a consultation. Board-certified representation in Sarasota family law is available when you need it most.
Schedule your consultation today with our child custody attorneys in Sarasota at (941) 499-8154 and take the first step toward a better future for you and your child.