Bradenton Family LawChild Custody

Child Custody Attorney in Bradenton
Child custody is one of the most emotionally charged aspects of family law. Understanding how Florida courts determine custody arrangements is crucial for parents navigating a divorce or separation. In Florida, the term child custody has been replaced with time-sharing and parental responsibility, reflecting the law’s emphasis on shared parenting.
At McNary Powers, we are committed to guiding Bradenton, Lakewood Ranch, and Sarasota families through this challenging process with compassion, integrity, and accountability. This guide will break down the key aspects of time-sharing and parental responsibility, ensuring you have the knowledge to make informed decisions prioritizing your child’s well-being.
What is Parental Responsibility?
Parental responsibility refers to a parent’s legal rights and obligations in making significant decisions about their child’s upbringing, including education, healthcare, and religious instruction. Florida law presumes that both parents should share parental responsibility unless doing so would harm the child.
Types of Parental Responsibility in Florida
- Shared Parental Responsibility
- The court orders both parents to make joint decisions regarding their child’s welfare.
- This is the preferred arrangement unless proven detrimental to the child.
- Sole Parental Responsibility
- One parent has the exclusive right to make major decisions about the child’s upbringing.
- The court grants this only if shared responsibility would be harmful (e.g., in cases of abuse or neglect).
- Shared Parental Responsibility with Ultimate Decision-Making Authority
- One parent has the final say over specific aspects, such as medical or educational decisions, while still co-parenting.
What is Time-Sharing?
Time-sharing, formerly known as custody and visitation, refers to how much time each parent spends with the child. Florida courts encourage frequent and continuing contact with both parents unless it is not in the child’s best interest.
Factors Courts Consider When Determining Time-Sharing
Florida courts evaluate several factors to determine a time-sharing schedule that serves the child’s best interests. These include:
- The ability of each parent to facilitate a close relationship between the child and the other parent.
- Each parent’s moral fitness and mental and physical health.
- The child’s home, school, and community stability.
- The child’s preference (if mature enough to express a reasoned opinion).
- Any history of domestic violence or substance abuse.
- The geographic viability of the arrangement, particularly regarding school-aged children.
Time-Sharing Schedules in Florida
Every case is unique, but Florida courts follow standardized schedules based on parents’ availability and the child’s needs.
Common Time-Sharing Arrangements
- 50/50 Equal Time-Sharing
- Parents split time equally, often alternating weeks or splitting the week.
- Works best when parents live close to each other and communicate effectively.
- 60/40 or 70/30 Schedule
- The child spends more time with one parent while still having substantial time with the other.
- Common in cases where one parent has a more demanding work schedule or lives farther away.
- Every Other Weekend and One Night During the Week
- One parent has the child during the week, and the other has weekends plus a weekday evening.
- This is a frequent arrangement when long-distance travel is an issue.
- Supervised Time-Sharing
- If a parent poses a risk to the child (e.g., due to substance abuse or domestic violence), visitation may be supervised by a third party.
Modifying Time-Sharing Agreements
Life circumstances change, and Florida law allows modifications to time-sharing arrangements when a substantial or material change occurs. Common reasons for modifications include:
- A parent relocating more than 50 miles away.
- A change in the child’s needs (e.g., health or education).
- A parent failing to comply with the existing time-sharing schedule.
- A parent engaging in harmful behaviors like neglect or substance abuse.
How Does Florida Senate Bill 1416 Affect Custody and Time-Sharing?
In 2023, Florida Senate Bill 1416 introduced changes that impact parental responsibility and time-sharing. Key updates include:
- Eliminating the requirement for an unanticipated change of circumstances before modifying time-sharing schedules.
- Strengthening the presumption of shared parental responsibility unless evidence proves it would harm the child.
- Clarifying relocation rules, allowing courts to consider parental moves as a basis for modifying time-sharing schedules.
These changes reinforce Florida’s strong preference for shared parenting, ensuring children maintain meaningful relationships with both parents whenever possible.
Parental Relocation: What You Need to Know
If a parent wishes to move more than 50 miles away for 60 days or longer, they must:
- Obtain written consent from the other parent, or
- File a Petition to Relocate and obtain court approval.
The court will evaluate how the move effects:
- The child’s education and social life.
- The child’s relationship with the non-relocating parent.
- Each parent’s reasons for and against the relocation.
How McNary Powers Can Help
At McNary Powers, we understand that child custody disputes can be overwhelming. Our team is dedicated to protecting your parental rights and ensuring your child’s best interests remain the top priority. We serve families in Bradenton, Lakewood Ranch, and Sarasota, offering legal support in:
- Child custody and time-sharing disputes
- Parenting plan modifications
- Parental relocation cases
- Dependency cases involving the Department of Children and Families (DCF)
Additionally, we handle family law matters that often intersect with child custody, including:
Our commitment to honesty, integrity, and compassionate problem-solving ensures that we provide personalized solutions tailored to your family’s unique situation.
Conclusion
Navigating child custody matters can be complex but understanding time-sharing and parental responsibility empowers you to make informed decisions. Florida courts prioritize the child’s best interests, encouraging shared parenting whenever possible.
If you’re facing a custody dispute, modification request, or relocation issue, McNary Powers is here to help. Contact us at (941) 345-1662 today for a confidential consultation to discuss your rights and options.


