Child Custody & Parenting Plans
Protecting Your Parental Rights With Clarity and Compassion
Few legal issues are as personal as those involving your children. At Saxey Law PLLC, we help parents throughout Okaloosa County and the Emerald Coast—including Destin, Fort Walton Beach, and surrounding communities—create Parenting Plans that promote stability, protect children, and support healthy parent-child relationships. We approach every case with care, patience, and a focus on long-term well-being.
Florida Time-Sharing and Parental Responsibility
Understanding Custody the Right Way
Florida no longer uses the traditional legal terms “custody” and “visitation,” though many parents still use those words in everyday conversation. Under Florida law, the focus is on time-sharing, which governs when each parent spends time with the child, and parental responsibility, which addresses how important decisions—such as education, healthcare, and extracurricular activities—are made. In most cases, Florida courts begin with the presumption that children benefit from meaningful relationships with both parents unless safety concerns require limitations.
A well-crafted Parenting Plan sets clear expectations and reduces conflict by addressing schedules, holidays, communication methods, transportation, schooling, and medical decisions. We work closely with parents to develop detailed, practical plans that promote consistency and support a child’s emotional and developmental needs.
Determining the Child’s Best Interests
What Florida Courts Consider
Every Parenting Plan must serve the child’s best interests under Florida law. Courts evaluate a broad range of factors, recognizing that no two families are the same. Judges look closely at each parent’s ability to encourage a healthy relationship between the child and the other parent, the stability of each household, and how well each parent meets the child’s daily needs.
Courts may also consider a child’s preference if the child is mature enough to express a reasoned opinion, though no specific age gives a child the final say. Additional considerations often include each parent’s physical and mental health, involvement in school and activities, and the child’s ties to their school and community. Our role is to present a clear, child-focused case that supports a parenting arrangement aligned with these factors.
Handling Custody Disputes and Agreements
Resolving Issues Through Mediation or Litigation
When parents are able to reach agreement, we prepare a comprehensive Parenting Plan and guide it through court approval efficiently and accurately. If disputes arise, Florida courts typically require mediation before trial, and many cases resolve successfully at that stage. As a certified family law mediator, we are skilled at helping parents find workable solutions while reducing unnecessary conflict.
When mediation is unsuccessful, we prepare thoroughly for court by organizing evidence such as school records, communication history, and witness testimony. In cases involving safety concerns, we advocate for appropriate safeguards, including supervised time-sharing or structured exchanges. Whether your goal is increased involvement or protection from an unsafe situation, our focus remains firmly on the child—not on parental “wins.”
Relocation and Modifications
When Life Changes After the Parenting Plan
Life does not stand still after a Parenting Plan is entered. Florida law requires formal court approval if a parent intends to relocate more than 50 miles with a child for six months or longer. Courts carefully weigh whether a proposed move benefits the child and how it will affect the child’s relationship with the other parent.
Parenting Plans may also be modified when there is a substantial, material, and unanticipated change in circumstances, such as changes in employment, health concerns, or issues affecting the child’s safety or development. We assist parents in pursuing or defending against modifications with clear evidence and a thoughtful legal strategy. Saxey Law remains available to families long after the initial order to ensure parenting arrangements continue to serve the child’s best interests.
Protecting Your Parental Rights
Advocacy That Puts Your Child First
Your relationship with your child is irreplaceable, and we treat every custody matter with the seriousness it deserves. Our firm works to preserve meaningful parental involvement while promoting stability and minimizing conflict whenever possible. When cooperation is achievable, we help parents build sustainable agreements. When enforcement or protection is necessary, we act decisively.
No matter where you are in the process, Saxey Law PLLC is committed to helping parents across Okaloosa County protect their rights and ensure their children are safe, supported, and able to thrive.
Frequently Asked Questions – Child Custody
Common Concerns From Florida Parents
How does Florida determine who gets custody?
Florida law does not designate a “winning” parent; instead, judges focus entirely on what arrangement best supports the child’s needs and stability. Most cases result in shared parental responsibility unless evidence shows that shared decision-making would be harmful. The court reviews many factors, including parental involvement, home environment, and each parent’s ability to support the child’s relationship with the other parent. Sole parental responsibility is reserved for cases involving danger, neglect, or serious dysfunction.
Can a child choose which parent to live with?
There is no specific age in Florida when a child may choose which parent to live with. However, courts may consider the preference of a mature child—typically around age 12 and older—as one factor among many. The child’s wishes never control the outcome, but they can support a parent’s proposed plan. Saxey Law helps present these preferences respectfully and appropriately when they are relevant.
What rights do unmarried fathers have in Florida?
If parents are unmarried, the mother has natural custody at birth until legal paternity is established. Once paternity is legally recognized, the father gains equal rights to seek time-sharing and decision-making authority. Establishing paternity also clarifies parental responsibilities such as child support. Our firm handles paternity actions to help fathers protect their rights and build meaningful relationships with their children.
Can custody arrangements be changed after divorce?
Yes, custody arrangements can be modified when a substantial, material, and unanticipated change affects the child’s well-being. Courts apply this standard strictly because they want to avoid frequent litigation. Examples may include major schedule changes, relocation, or concerns about a parent’s behavior. We help parents gather strong evidence and present modification requests clearly and effectively.
What if the other parent isn’t following the Parenting Plan?
When a parent violates a court-ordered Parenting Plan, legal remedies include enforcement or contempt actions. Judges may require makeup time, impose sanctions, or order corrective measures to ensure compliance. Documentation such as messages, calendars, and witness statements can be critical in these cases. Saxey Law assists in filing and arguing enforcement motions to protect your parenting rights.