Your Children’s Lives Should Be Filled with Love, Not Conflict.
You are watching the schedule you have always known start to fall apart, and the fear that comes with that is not something you can reason your way through. What changes that fear is having a parenting plan built around your children’s actual lives, one designed to hold up when the other side pushes back.
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Your Children Are the Reason to Get This Right
One parent threatens to take the kids. The other is terrified it will happen. That is how most child custody and timesharing cases start, but it is not how they are decided. Florida courts begin from shared parental responsibility, and what actually determines the outcome is a parenting plan built around your child’s life, not around threats. Cabanas Law Firm represents mothers and fathers in Miami, and we build every case around what the court actually weighs: the child’s routine, each parent’s involvement, and a plan that works in practice.
"Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals which helped me to feel confident and protected when making decisions."
What Our Clients Think of Cabanas Law Firm
Would recommend this firm to friends. I engaged them to handle making an adjustment to my divorce settlement agreement. As it was likely to cost less than the retainer in this case, they kindly agreed to refund any remaining money. They handled everything perfectly and professionally, and I’ve just received a check with the remaining funds. Thank you Cabanas
I would highly recommend attorney Sergio Cabanas to anyone going through a divorce. In fact, I’ve already referred some of my friends. His knowledge of family law was evident from the get-go and it helped me to feel confident and protected when making decisions. His communication skills are outstanding. Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals.
Mauricio Cubas
My experience with Cabanas Law Firm was outstanding, thanks to Erick Estrada, the case manager, and Attorney Sergio Cabanas. Erick was incredibly supportive, keeping me informed and making sure every step of the process was smooth and stress-free. His professionalism and dedication truly set him apart. Attorney Sergio Cabanas provided expert legal guidance, ensuring the best possible outcome for my case. I highly recommend their team for anyone seeking reliable and compassionate legal assistance.
Cabanas Law Firm is amazing! The whole team is super professional and really cares about their clients. A big shoutout to Nichol, the paralegal, for being so helpful and responsive. She went above and beyond to answer my questions and provide guidance. If you need a great law firm, this is the one to go with.
Practice areas
When Miami families work through child time-sharing arrangements, time-sharing schedules often reshape child support calculations and parenting plan terms in ways that keep your children’s needs at the center. Our Miami child time-sharing attorneys coordinate these connected decisions so your children experience one stable plan, not competing outcomes.
Divorce
Divorce
High NetWorth Divorce
High Net Worth Divorce
Divorce Mediation
Divorce Mediation
Alimony
Alimony
Family Law
Family Law
Your family's future shouldn't wait for We're changing how Florida does family law.
Child Custody/ Timesharing
Child Custody/ Timesharing
ChildSupport
ChildSupport
Asset & Debt Division
Asset & Debt Division
Simplified & Uncontested Divorce
Simplified & Uncontested Divorce
DomesticViolence
DomesticViolence
Your Case Won't Wait. Neither Will We.
You are searching for a Miami child time-sharing firm that puts your children first in every decision, not one that makes you chase updates or fight for basic communication about your case. We built our practice to take that weight off you, not add to it. Here is how we do things differently for your case.
We speak your language, including Spanish, Russian, and Arabic.
This is all we do. Every resource, every team member, every case.
We have handled the full range of Florida divorce matters.
If you are facing a child time-sharing dispute in Miami, the decisions made now will shape how your children grow up and how present you are in their lives. Our Miami child time-sharing and timesharing attorneys follow a structured process that begins by understanding your priorities as a parent and what stability looks like for your children specifically. Because no two families are the same, the approach is built around your circumstances rather than a standard script. What your children need from this situation stays at the center of every decision we work toward on your behalf.
Step 1
In‑Depth Discovery
There is a lot that goes into a divorce case, and the details matter more than most people expect. We learn everything we can about your situation, your family, and the other side. That preparation is where outcomes are shaped.
Built Around Your Goals
The goals you set out to achieve are what drive every decision we make, from your case evaluation through the final resolution. Every strategy, filing, and negotiation is measured against what actually matters to your family.
Life on Your Terms
We work to resolve your case with as little disruption to your life and finances as possible, so at the end of it all, it is your life on your terms.
FAQ
Afraid the other parent is going to take the kids? These answers cover how Florida courts actually decide timesharing and what factors carry the most weight.
Florida courts evaluate a list of statutory factors to determine what timesharing arrangement serves the child's best interest. The starting presumption under the 2023 law is a rebuttable legal presumption for equal timesharing. A parent would have to show evidence why 50/50 is not in the best interests of the minor child. The court looks at each parent's involvement, stability, and any history of domestic violence or substance abuse before setting a schedule.
Timesharing is measured by overnights. The court weighs each parent's involvement before the case was filed, each parent's ability to provide a stable home, the child's ties to school and community, and whether either parent has a history that could affect the child's safety. There are over a dozen statutory factors, and no single one controls the outcome.
Most cases are resolved through negotiation or mediation, not trial. The parents agree on a parenting plan that covers the schedule, holiday rotations, and decision-making authority. That plan becomes part of the final judgment and is legally enforceable. If the parents cannot agree, the court makes the determination after hearing from both sides. How your specific circumstances map to those factors is something an attorney should evaluate early.
Timesharing is the physical schedule: how many overnights each parent has, where the child spends holidays, and how transitions work. Parental responsibility is separate. It determines who makes major decisions about the child's education, medical and dental care, and general welfare. These two concepts operate independently in every Florida custody case.
Most parents end up with shared parental responsibility, meaning both consult on major decisions. The courts favor this arrangement, and it covers the vast majority of cases. Sole parental responsibility gives one parent complete authority without consulting the other, and is rare, typically reserved for abandonment or extreme circumstances. Ultimate parental responsibility falls between the two: both parents consult, but one has final say if they disagree.
The type you have directly affects how disputes get resolved. Under shared responsibility, if parents reach an impasse on something like a medical decision or school enrollment, the court may need to step in as a tiebreaker. Understanding which arrangement applies to your situation is something an attorney should address before the parenting plan is finalized.
Restricting a parent's timesharing requires clearing a high threshold. The court looks at three categories: whether the parent has been abusive, has abandoned the child, or has been neglectful in a way that compromises the child's health or well-being. Above that line, both parents have equal rights regardless of who is the "better" parent.
A parent with a criminal history unrelated to the child, poor moral character, or a less structured household still has timesharing rights if they meet the standard of minimal competence. The law treats timesharing as a fundamental right. That surprises many people, but it means the question is not whether the other parent falls short of ideal. The question is whether their conduct crosses the line into abuse, neglect, or abandonment.
When restrictions are imposed, courts typically use a graduated approach: supervised visitation, daytime-only contact, or conditions like drug testing and therapy. Even in severe cases, the court usually sets conditions that allow the restricted parent to work toward restoring their timesharing. If the other parent's behavior or household raises concerns about your child's safety, an attorney can evaluate those facts against the statutory standard.
Not automatically. When a child is born during a marriage, the law presumes the husband is the father. Without that marriage, the father must establish paternity before any rights to timesharing or decision-making attach. Once paternity is established, the father has the same rights as any married parent, including the presumption of equal timesharing under the 2023 law.
Paternity can be established two ways. The simpler path is agreement: both parties sign an acknowledgment of paternity. You cannot put your name on the birth certificate unless you sign the acknowledgment. The contested path involves filing a paternity action through the court and DNA testing if either parent disputes the biological relationship.
The paternity case then addresses the same issues a divorce would: the parenting plan, child support, travel with the child, and decision-making authority. Mothers sometimes assume they have superior rights because the child has been in their primary care. Fathers sometimes assume they have no rights because they were never married. Both assumptions are incorrect once paternity is established. Filing that action, or responding to one, should not be delayed.
It depends on the severity and frequency of the violation. A parent who returns the child an hour late on one occasion is technically in violation, but that rarely justifies court intervention. A parent who refuses to return the child for a scheduled vacation is a different situation. Courts evaluate enforcement actions based on how severe, how frequent, and whether the pattern is escalating.
A single serious violation may justify filing a motion for contempt. A pattern of minor violations that individually seem small but collectively disrupt the child's routine can also support enforcement, especially if the pattern affects school attendance or stability. Before filing, most attorneys advise documenting the violations in writing. Text messages and emails between the parents are often the most useful evidence because they are timestamped.
The remedy depends on the violation. Courts can order make-up timesharing, modify the plan to prevent future issues, require the violating parent to pay attorney fees, or hold the parent in contempt. An attorney familiar with the judge assigned to your case can help evaluate whether the violation is worth pursuing and what outcome to expect. Not every violation warrants a motion, but a pattern left unaddressed can become harder to correct later.
Florida statutes require that a parent cannot relocate absent a court order or a valid relocation agreement that complies with the statute. This applies regardless of the distance. The relocating parent must either obtain the other parent's written consent through a statutory agreement or petition the court for permission before moving.
If the other parent objects, the case goes to a hearing where the court evaluates whether the relocation serves the child's best interest. The burden of proof falls on the parent who wants to move. The court considers the reason for the move, the quality of life in both locations, the child's relationship with each parent and extended family, and whether the move would disrupt the child's education or social ties.
If the court approves the relocation, it modifies the timesharing schedule to account for distance. If the court denies it, the parent must either stay or move without the child. Relocating without following the statutory procedure can result in the court ordering the child returned and sanctioning the parent who moved. This is an area where acting without legal guidance creates serious risk.
That depends on the type of parental responsibility in your case. Under shared parental responsibility, the most common arrangement, both parents consult on major decisions. The areas that generate the most disputes are education and medical and dental care. When both parents cannot agree, the court can intervene as a tiebreaker.
Education covers where the child goes to school, private versus public, and extracurricular activities that affect the schedule. Medical decisions include choice of doctor, whether to pursue specific treatments, immunizations, and dental and vision care. Courts take a hands-off approach when both parents are cooperating. Each parent generally controls what happens during their own timesharing.
Courts cannot make orders about a child's religion. It violates the U.S. Constitution for the court to order religious upbringing unless the parties enter into a ratified agreement that addresses religious issues, in which case the court will interpret and enforce the parties' agreement.
When a genuine impasse occurs on a major decision, either parent can file a motion asking the court to decide. Some parenting plans include provisions requiring mediation before going to court. As children get older, their own preferences carry increasing weight. There is no fixed age at which a child's opinion becomes determinative, but the court considers the maturity of the particular child and the strength of their preferences.
Our Locations
18503 Pines Blvd, Suite 301, Pembroke Pines, FL 33029
550 S Andrews Ave, Suite 510, Fort Lauderdale, FL 33301
1937 E Atlantic Blvd, Suite 102, Pompano Beach, FL 33060
2800 Weston Rd, Suite 101, Weston, FL 33331
Decisions regarding time-sharing can reshape your daily routine and may influence your role in your child’s life. When you are ready to move forward, a confidential Case Evaluation is a helpful way to start.
During this call, we verify that your situation matches the specific types of cases we handle in Miami-Dade County. We also check for any conflicts of interest so we can determine if we are able to accommodate your matter.
Reach out to our time-sharing team in Miami to schedule your call.
