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Cabanas Law Firm Child Custody Weston

Your Children’s Lives Should Be Filled with Love, Not Conflict.

Many parents worry that a judge, a parenting plan, or the other parent’s attorney could shrink their time with your children down to something you never agreed to. Effective preparation involves building a timesharing case around your children’s actual daily lives, and as this information can be a significant factor in a Broward County courtroom.

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Child Custody Weston

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 Weston, 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.

  • Creating a timesharing agreement that reflects your child’s needs and daily routine
  • Explaining how Florida law approaches shared parental responsibility
  • Preparing for court when one parent seeks to relocate or change an existing arrangement
  • Helping you negotiate or litigate a timesharing schedule that supports your child’s safety and development
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More Than Just Weston Child Custody Lawyers

When time-sharing arrangements change in Weston, child support calculations and parenting plan details often shift as well, since time-sharing schedules directly influence support amounts and decision-making responsibilities. Our Weston child time-sharing attorneys coordinate across these connected areas so your children experience consistency throughout the entire process.

Your family's future shouldn't wait for We're changing how Florida does family law.

What Sets Us Apart

Your Case Won't Wait. Neither Will We.

When you are searching for a child time-sharing firm in Weston, what matters most is not just what they know about the law, but how they operate when your children’s future depends on quick, clear answers. We built our practice to take that weight off you, not add to it. Here is how we do things differently for your case.

Multilingual Support

We speak your language, including Spanish, Russian, and Arabic.

Near You With Local Court Knowledge

10+ offices across Florida with teams who know how your county court operates

Focused on Divorce Law

This is all we do. Every resource, every team member, every case.

100+ Combined Years of Experience

We have handled the full range of Florida divorce matters.

Your Goals, Our Guiding Principle

If you are facing a child time-sharing dispute in Weston, every decision made now carries weight your children will feel for years. Our Weston child time-sharing and timesharing attorneys follow a structured process that begins by understanding what your children need and what you, as their parent, are fighting to protect. Because no two families share the same circumstances, the approach is built around yours, not a standard template. What your children carry forward from this depends on how thoroughly those priorities are represented at every step.

FAQ

Frequently Asked Questions

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.

How does Florida decide which parent my child stays with?

How does Florida decide which parent my child stays with?

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.

What are timesharing and parental responsibility?

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.

Can I get sole custody in Florida?

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.

Do unmarried fathers have the same rights as married parents?

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.

What happens if my ex does not follow the parenting plan?

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.

Can my ex move away with my child?

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.

Who decides major decisions about my child's education and medical care?

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.

Locations

Our Weston Office

Our Weston office handles child time-sharing cases for residents across Broward. We also serve clients in these nearby cities.

Weston

2800 Weston Rd. Suite 101, Weston, FL 33331

Schedule a Case Evaluation With Our Child Custody Team in Weston

Time-sharing arrangements shape your daily routine and may influence your relationship with your children for years to come. When you are ready to discuss these terms, a confidential Case Evaluation is a practical first step.

We use this conversation to verify that your matter falls within our practice areas and service region. We also check for conflicts of interest so we can determine if we are the right fit for you.

Contact our time-sharing team in Weston to get started.

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