Orlando Child Custody Lawyer
For over 20 years, Attorney Nicole Benjamin and our team at Benjamin Law have had the privilege of helping people through difficult family law matters, including child custody disputes. Every family is unique, and we take pride in crafting personalized strategies that align with our clients' goals while prioritizing what truly matters most—the stability and happiness of their children.
Often, we assist in settling disputes during mediation, which saves time, stress, and unnecessary conflict. However, when mediation is not the answer, our team is fully prepared to pursue litigation to protect the rights of those who put their trust in us.
If you are dealing with a child custody dispute, whether in divorce or another setting, contact Benjamin Law. You do not have to face this struggle alone; together, we can find a way forward. Schedule a consultation to take the first step toward reaching a resolution that works for you and the ones you love most.
To speak with Orlando child custody lawyer Nicole Benjamin, call (321) 473-6679 or reach out online to request a consultation.
Physical vs. Legal Child Custody
Understanding the difference between physical and legal custody is a must during your case. This is because whether you are awarded joint/sole physical or legal custody will be critical in defining your rights and responsibilities.
Below, we explore the two further:
Physical Custody
The parent with physical custody is the one who a child will live with and is responsible for their daily care (i.e., providing meals, taking them to and from school, setting bedtimes, and more). This can be joint or awarded to one parent. If custody is joint, parents must determine a schedule for when a child will spend time at each parent’s home and how decisions will be made. When courts award sole physical custody, the child lives primarily with one parent, while the other may have visitation rights.
Legal Custody
Legal custody gives a parent the authority to make significant decisions about their child’s life. This includes where they go to school, what religion they practice, what medical care they receive, and more. It can be joint or given solely to one parent, like physical custody. Joint legal custody means parents must agree on decisions affecting their child’s future; however, when one parent has sole legal custody, they do not need to consult with the other before making these choices.
How Florida Courts Determine Child Custody
Florida courts account for numerous factors when awarding child custody, as outlined in Florida Statute 61.13. These factors all concern one thing: the best interests of children.
Specific things courts will consider about you and your co-parent include:
- Your ability to maintain a close relationship with the child
- Your physical and mental health
- The child's preference (if they are deemed mature enough to express it)
- Your capacity to establish a consistent routine for the child
- Any evidence of child abuse or neglect
Your Path to A Fresh Start
Here's What Sets Us Apart
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Trusted & Respected
We are highly rated by our clients for professionalism, transparency, and results.
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Strong Advocacy & Negotiation
Our experienced team is dedicated to protecting your rights in and out of court.
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Personalized Legal Strategies
We provide tailored solutions for each client to fit your unique needs and goals.
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Experienced & Accomplished
We have over 20 years of successfully handling family law cases across Florida.
Trusted By Families Like Yours
Five-Star Reviews by Happy Clients
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Jayland L.
Attorney Benjamin is very professional in her line of work and truly does a remarkable job going above and beyond for her clients.
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Former Client
Ms. Benjamin is very compassionate and was attentive to my case. I would highly recommend her for family/civil cases.
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Regina J.
Attorney Benjamin went above and beyond on our case. HIGHLY RECOMMEND!!
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“Attorney Benjamin is great at what she does, I’ve used her services multiple times and always get the result I’m looking for..... Very professional and very sharp at her craft.”David B.
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“Very professional, honest, looks out for the best interest of her clients and she makes you feel at ease during one of your most difficult times.”Rheba T.
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“Whether it's business contracts or personal situations, they nailed it every time. They respond quickly, really know their stuff, and always act professionally. It's not often you find a law firm that's equally good with business and personal stuff.”Guno R.
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“Attorney Benjamin is a caring and professional attorney. She listens to her clients and her service is top-notch. She was supportive in my family's time of need.”Former Client
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“Attorney Benjamin is very informative and transparent. She has an empathetic demeanor, and provided a calm environment in a stressful situation. She genuinely cares about her clients and their families.”Ingrid J.
Do Courts Always Determine Child Custody?
No, the state’s courts do not. In fact, they will generally encourage you to come to an agreement on your own, whether through mediation or negotiations. After all, you and your co-parent are the ones who know your child’s needs and schedules best. Mediation and negotiations will result in a parenting plan, which you must present to a court for approval.
Plans should include the following things, among other relevant provisions:
- A detailed schedule outlining when each parent will have physical custody (i.e., where the children will sleep)
- How you will make major decisions affecting the child
- Travel arrangements for visitation periods
- How you and your co-parent will communicate about anything related to the child
Modifying Child Custody
Life changes, and sometimes, so too do people and their needs. When this happens, it may be beneficial to modify your child custody agreement. This is possible if both parties agree to the changes and are willing to submit it to the court for approval.
If there is no agreement, then a parent seeking modification must prove that there has been a substantial change in circumstances since the initial order.
Some common reasons for requesting a modification include a parent relocating, alterations in work schedules, and the needs of a child changing significantly (e.g., a new medical condition).
We Are Here to Protect Your Rights as a Parent
If you are looking for a child custody lawyer in Orlando to trust with your case, turn to Benjamin Law. We can work to protect your parental rights and see that your child's true best interests are central to every decision in your case. For decades, thousands have counted on our firm in moments it meant the most. We welcome the opportunity to support you and your family in this challenging time.
To start with Benjamin Law, call (321) 473-6679 or connect online to request a consultation. We serve those across Orange, Osceola, Brevard, Lake, and Seminole counties.
Frequently Asked Questions
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Can Grandparents Seek Custody or Visitation Rights in Florida?
Grandparents can petition for visitation rights in certain circumstances, usually when the child's parents are deceased, incapacitated, or unable to provide for them. As with all other cases involving children, courts will focus on serving a child's best interests when granting legal custody or visitation rights to grandparents.
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Can You Relocate with a Child After a Divorce?
Generally, you must get the consent of your co-parent and/or court approval to relocate with your child after divorce.
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What Is a Parenting Plan?
It outlines how parents will share caretaking responsibilities, schedules, and decision-making for their child or children. Creating a parenting plan is required in all custody cases.
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How Is Child Custody Determined in Florida?
The state's courts strive to prioritize the best interests of children. As such, courts will award custody to parents after considering essential factors, from the child's age and emotional needs to either parent's connection with the child and ability to provide a stable living environment. Courts encourage shared parental responsibility whenever possible.