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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 across Broward County, 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 child time-sharing decisions unfold in Broward County, time-sharing schedules often reshape child support calculations, and changes to parenting plans can trigger adjustments across multiple areas of your case. Our Broward County child time-sharing attorneys coordinate these connected pieces so your children experience consistency, not confusion between different parts of the process.
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Choosing the right firm can make your child time-sharing case more manageable. We built our practice to take that weight off you, not add to it. Here is how we do things differently for child time-sharing cases in Broward County.
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We have handled the full range of Florida divorce matters.
If you are facing a child time-sharing and timesharing dispute in Broward County, every decision made now will shape how your children grow up and how present you are in their lives. Our Broward County child time-sharing and timesharing attorneys follow a structured process that begins by learning what your children need and what you need as their parent, so that nothing important gets left out. Because no two families are the same, the approach is built around your specific circumstances rather than a standard template. What holds through every step is that your children’s stability remains the center of the work.
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 that both parents have equal rights. 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 treatment, and religion. These two concepts operate independently in every Florida time-sharing 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 time-sharing, 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: the father's name goes on the birth certificate, or both parties sign an acknowledgment. The contested path involves filing a paternity action through the court. If either parent disputes the biological relationship, the court orders DNA testing. Refusing the test creates a legal presumption against the person who refuses.
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 law draws a line at 50 miles, measured as a straight line, not driving distance. A parent can relocate within that radius without the other parent's permission, as long as the existing timesharing arrangement is maintained. Beyond 50 miles, the relocating parent must either obtain written consent or petition the court for permission.
If the other parent objects to a move beyond 50 miles, 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 three areas that generate the most disputes are education, medical treatment, and religion. 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, and immunizations. Religion includes what faith tradition the child is raised in and what level of participation is expected. Courts take a hands-off approach when both parents are cooperating. Each parent generally controls what happens during their own timesharing.
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, and some parents designate a neutral third party to resolve disputes. 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 child's maturity and the strength of their preferences.
Facing a divorce in Broward County can be overwhelming. If you are looking for a divorce attorney Florida team to help you find a clear path forward, we begin with a confidential Case Evaluation.
This focused, initial conversation is designed to be an efficient first step. We will listen to the basics of your situation to confirm that your case is within our practice areas and to ensure no conflicts of interest exist.
The purpose of this evaluation is to determine if our firm is the right fit for your specific needs. This process helps ensure your time is respected and verifies that we are the correct team to assist you with your legal matter.
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