Sole Custody Attorney In Florida

Family Attorney For Gaining Sole Custody In Brevard County, Cocoa, Cocoa Beach, Rockledge, Merritt Island and Titusville

During my many years of practice, I have encountered numerous parents that come to me as a family attorney with a simple question: "Can I obtain sole custody of my child?"

Their reasons for wanting to obtain sole custody of their child may vary. Perhaps the person cannot get along with the other parent. Perhaps he or she does not like how the other parent is treating the child. Perhaps the person simply wants the other parent out of his or her life for personal reasons or in the worst case scenario, fears for a child's safety.

Under Florida law, sole custody of a child means that one parent will make all parenting decisions regarding the child.  However, it does not necessarily mean that the other parent will not have time-sharing with the child.  Despite the strong protective feelings that divorces and estrangements bring about in parents, Florida courts are deeply reluctant to award sole custody of a child to one specific parent.

What Having Sole Custody In Florida Really Means

A lot of people seem to have a misunderstanding of what having sole custody of a child in Florida really means and what rights it gives them as a parent. Some parents think that once they gain sole custody in the State of Florida, it means the other parents rights to see the child are completely terminated. This is not a desirable outcome for the child or the other parent and except for extraordinary circumstances, is an unlikely outcome.

In the State of Florida, the family courts focus on these two specific issues when it comes to sole custody: the level of parental responsibility and the amount of parenting time given. The level of parental responsibility given will define who makes the major decisions affecting the child. The amount of parenting time specifies which parent receives what amount of time within the contact schedule.

Sole Custody Is Possible After Spousal Abuse, Child Abuse
Sole custody is still possible after there has been documented spousal abuse or child abuse. The reasons for this are complicated, but it boils down to what Florida courts consider the "best interest" of the child. Unless you or your child have been (or are being) physically or sexually abused, neglected, or endangered in some significant way by the other parent (or people he/she associates with), it is believed that a child is best off having relationships with, and regular access to, both parents.

Given this reality, most parents who desire sole custody have a choice: "Do I roll up my sleeves and fight for an uncertain outcome in court, or do I swallow my pride and negotiate for an outcome I can partially control?"

The bottom line to keep in mind is that the family courts in the State of Florida work under the belief that every child is best off having as normal a relationship as possible and regular access to, both of their parents.

Negotiation Is Usually The Best Option For Both Parents And Children
Attorney Daniel J. Freyberg is an experienced family law attorney who understands the concerns parents have, about Parenting Plans and time sharing in sole custody proceedings. As a former family counselor, family court officer and Guardian Ad Litem advocating for children in court cases, he understands very clearly the desires of parents and the realities of the courtroom.  It is very difficult to "win" sole custody in a trial setting.

Because of this, attorney Freyberg uses his training in collaborative law and mediation techniques to find common ground with opposing parties, while maximizing the benefits for his clients and their children. The best option and the primary goal in any sole custody action should be to negotiate the fairest resolution to time sharing and parenting plans and come up with an outcome that best serves the interests of the child.

In most cases, this approach saves his clients money while giving them the most of what they wanted to start with. You might not be able to get sole custody, but you may be able to negotiate for greater influence over your children and the decisions that affect them, while achieving an agreement that both sides will honor over time.  If all else fails, attorney Freyberg is an experienced family trial lawyer and will present your case to the court zealously in an attempt to achieve the desired outcome.

Contact Merritt Island Child Custody Attorney Daniel Freyberg
For more information about attorney Daniel Freyberg's approach to child custody, and his record of helping families.

LEGAL NOTICE: Daniel J. Freyberg is Retired from Litigation.