Miami Child Custody Lawyers
Assisting with Custody Orders and Parenting Plans throughout Miami-Dade County, FL
Orshan, Spann & Fernandez-Mesa knows your child’s well-being comes first. Our child custody attorneys in Miami deliver dedicated representation tailored to your goals, focusing on positive results with minimal disruption for your children.
Parents can resolve child custody and visitation through mediation, collaborative law, or, if agreement is not possible, the court will decide. Our Miami custody and visitation lawyers guide you through each stage, offering committed legal advocacy to support both you and your child.
Talk to our Miami-Dade child custody attorneys today – call (305) 853-9161 now to schedule an initial consultation.
Parental Responsibility & Child Custody Laws in Florida
Florida child custody law provides three types of arrangements relating to parental responsibility and child custody:
- Shared parental responsibility: This custody arrangement requires both parents to confer and discuss all major decisions affecting the best interests and welfare of the children.
- Sole parental responsibility: This custody arrangement applies when shared parental responsibility would harm the children and gives one parent authority to make decisions affecting the child’s welfare and best interests.
- Ultimate decision-making responsibility: This arrangement requires both parents to discuss major decisions, but gives one parent the authority to resolve disagreements in specific areas such as medical or educational issues.
In Florida, the law presumes both parents have rights and responsibilities in raising their children. The court must create a parenting plan, covering custody, time-sharing, visitation, and the division of parental responsibilities.
A parenting plan doesn’t always mean each parent has equal time or decision-making power. One parent may have 70% of time-sharing, with the other parent having visitation for the remainder. Courts consider every family's unique facts and circumstances and expect parents to present clear evidence that puts the child’s needs first.
Understanding Parental Responsibility in Child Custody Cases
Parental responsibility in Florida means parents make key decisions about their child’s upbringing—like health care, schooling, and religious matters. Our Miami child custody lawyers work with you to handle decision-making roles, legal requirements, and court expectations, so you can move forward with confidence.
Key aspects of parental responsibility and child custody in Florida include:
- Legal custody: The right to make significant decisions regarding education, health care, and other major areas of a child’s life.
- Physical custody: Where the child lives and who provides day-to-day care.
- Time-sharing: The schedule the court or parents set to determine when the child spends time with each parent.
- Visitation rights: Options for non-custodial parents, grandparents, or relatives to maintain a relationship with the child.
At Orshan, Spann & Fernandez-Mesa, our Miami-based team puts your child’s welfare first and works to navigate parental responsibility and Florida custody laws with clarity and attention. Florida law focuses on children's development and promotes parental cooperation to support a nurturing home environment as a central part of any parenting plan.
Miami-Dade families benefit from knowing how county procedures may shape their experience. Judges here consider each family's cultural background, commuting realities, and community needs—reflecting the diversity of Miami neighborhoods. Our guidance includes strategies for time-sharing that work with busy school and extracurricular schedules and insight into how local court procedures affect families’ daily lives.
How Long Does the Miami Child Custody Process Take?
Every family law case in Miami follows its own timeline, but understanding what to expect can help you plan. Some uncontested cases where parents agree on major decisions and time-sharing may be settled within a few months. Disputed cases, especially those needing a court decision, often take longer—sometimes a year or more. Miami-Dade’s family courts operate with a high volume of filings, so your case may be scheduled according to court availability, legal deadlines, and the cooperation of both parties. The business’s attorneys keep clients informed on what steps happen next, from mediation attempts to final hearings, so parents know how to budget time and stay prepared. If your case requires additional evaluations, such as psychological assessments or home studies, that can impact the overall length. Our familiarity with Miami court processes helps clients complete paperwork and navigate each step as efficiently as possible. Clear communication ensures families understand each stage in the process, easing uncertainty.
What to Expect at a Custody Hearing in Miami-Dade County
A custody hearing in Miami-Dade County usually takes place at one of the downtown family courthouse locations. Both parents present their side, often supported by documentation, witness statements, and sometimes evaluations or reports. Judges in Miami ask detailed questions about a child’s daily life, education, medical needs, and each parent’s involvement. Community context can play a role—for example, access to bilingual schools or proximity to extended family in Miami neighborhoods may come up. The court encourages respectful discussion and carefully considers each parent’s ability to maintain a supportive environment for their child. Orshan, Spann & Fernandez-Mesa helps parents prepare for hearings by reviewing necessary forms and supporting materials so that families enter court with confidence and clarity. Knowing the local court’s expectations, including how time-sharing arrangements fit the realities of traffic, school calendars, and South Florida life, allows families to present the best possible picture for their children’s future.
Our Values
Why You Should Choose Our Team to Help You
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We Treat You Like FamilyWe strive to provide quality, thoughtful, timely service to each of our clients. We provide timely, detailed updates on your case and make ourselves available to answer and follow up on any questions you may have.
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Personalized Attention to Your CaseEvery individual and family has a unique set of circumstances requiring a tailored approach. We treat each client as if they were our only client. Each case is treated with the utmost care and attention.
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Thoughtful Preparation & PlanningWe will get you through every step and be fully transparent of the process and what you can expect. We take a collaborative approach with our clients - we want to know what you think.
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Quality, High-Caliber RepresentationOur team is well-respected and recognized throughout the Miami-Dade area. We're known for our precise, in-depth knowledge of the law and versatile, strategic approach to each client's case.
Why Choose Mediation for Child Custody Disputes?
When facing child custody challenges, mediation can make the process less stressful. Working together with a mediator, parents can find solutions that fit their children’s needs. At Orshan, Spann & Fernandez-Mesa, we know mediation often leads to more peaceful and lasting outcomes than a contested trial.
Here are some key advantages of choosing mediation for your child custody matters:
- Cost-Effective: Mediation can save you money in legal fees compared to court proceedings.
- Faster Resolutions: You may reach agreements more quickly, which helps families move forward.
- Greater Control: The process lets parents develop plans that reflect their children’s routines.
- Confidentiality: Mediation lets you keep family matters private.
- Improved Relationships: Parents who work together during mediation often communicate better after the process.
Our attorneys at Orshan, Spann & Fernandez-Mesa guide you through every step of mediation, focusing on the priorities that matter most to your family and your child.
Miami-Dade County provides mediation services that reflect our region’s diversity, with interpreters available for various languages. Local mediation lets families address complex schedules, traffic, or school calendars unique to life in Miami. We help clients understand what to expect, from session locations to crafting agreements suited to raising children in this community.
