Choosing a lawyer for a parenting dispute starts with the issues your family needs to resolve. One of the many decisions you’ll face is choosing the right time-sharing schedule for your children. You may need a first parenting plan, help with an existing schedule or advice about a proposed change. There is no “typical” parenting plan, and while family courts in many jurisdictions have created templates, every family dynamic is different. A consultation should show how the lawyer approaches those issues, communicates with clients and explains the likely costs.
What Do Parental Responsibility and Time-Sharing Mean?
People often call these custody cases. Florida law no longer uses the labels of custody, primary residence or visitation, but instead uses the parenting plan and timesharing schedule concepts.
Parental responsibility addresses the issues of access to information and decision making authority for the children. This includes, for example, educational and medical decisions for the children. The presumption under Florida law is shared parental responsibility. Section 61.13 directs the court to order it unless shared parental responsibility “would be detrimental to the child.”
Time-sharing is the calendar, including overnights and holidays. Since July 1, 2023, Section 61.13(2)(c)1. has provided that, “Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” A presumption is a starting point, not a final answer. To rebut it, a parent must prove by a preponderance of the evidence that equal time-sharing is not in the child’s best interests. With that being said, no one timesharing schedule fits every family, and the guiding principle in devising a timesharing schedule is the best interest of the children…not the parents. Ask how the lawyer sees that presumption applying to your family.
What Parenting Experience Should You Ask About?
Ask whether the lawyer’s recent cases involve first parenting plans, modifications, or both. For unmarried parents, a paternity action is the proper vehicle for obtaining a Parenting Plan which meets the specific requirements of Florida Statute 61.13. Parental and time-sharing decisions can be updated or altered in response to changing circumstances after the entry of a parenting plan and final judgment. Under Section 61.13(3), though, a plan “may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.”
School and travel come up in nearly every plan. A court-approved plan has to designate who will be responsible for “School-related matters, including the address to be used for school-boundary determination and registration.” How will you navigate after-school activities, off-site extra-curricular trips (such as sports travel), time with friends, and similar? What will be your plan regarding holidays and vacations? What happens if your former spouse moves away? Florida law treats it as a relocation when a parent moves at least 50 miles from his or her principal residence for at least 60 consecutive days.
If you have a concern about your child’s safety, ask how the lawyer would evaluate it and what proof the court would need to see. You want to ensure both safety and long-term care are adequately addressed. Under Section 61.13(2)(c)3., the court must consider evidence of domestic violence or child abuse as evidence of detriment to the child, whether or not there was a conviction or an injunction.
How Do You Check Credentials and Experience?
Ask whether the lawyer is board certified in marital and family law. Board certification is a rigorous process governed by The Florida Bar. It requires the lawyer to have substantial trial experience, significant continuing education, peer review and, finally, successful passage of a written examination. For marital and family law, the Bar’s rules call for at least five years of practice and at least 25 contested family law cases, including at least seven trials, in the five years before applying. This is not to say that non-board certified attorneys aren’t capable and qualified. Certification is specific to individual lawyers, so look for the lawyer’s own name next to it, not just the firm’s.
Prospective clients can find board certified attorneys in their area by going to the Florida Bar website at floridabar.org. Each lawyer’s profile in the Bar’s Lawyer Directory lists any board certifications by area and year. It also shows whether the lawyer is a member in good standing and eligible to practice law in Florida, along with a 10-year discipline history. It only takes a few minutes, and it doesn’t hurt to check.
Experience counts in the legal field. If a lawyer has a lot of experience, chances are he or she has encountered a situation similar to yours in the past and can effectively and expeditiously analyze your issues and propose good solutions. Ask how much of the lawyer’s practice is devoted to divorce and family law. The Seventh Judicial Circuit consists of Volusia, Flagler, St. Johns and Putnam Counties. A lawyer who handles family cases here should know its local requirements. Under an administrative order signed April 3, 2024, parents in a divorce with minor children must complete a Parent Education and Family Stabilization course. The petitioner must enroll within 20 days of filing. Lack of experience can lead to the misdiagnosis of a problem and result in unnecessary legal fees and delay.
What Should You Ask About Fees and Costs?
Very few people would ever dispute that litigation is an investment. When considering litigation, always have a frank conversation with your attorney so that you know ahead of time how you will be billed. Ask whether the fee is hourly or flat, how much the retainer is, and whether costs such as filing fees, service of process, the parenting course, a mediator, a guardian ad litem or expert witnesses are billed separately.
You should also know ahead of time whether your attorney fees can be recovered and whether the other side can potentially come after you for the same. Under Section 61.16(1), the court may order one parent to pay a reasonable amount toward the other’s attorney’s fees and costs “after considering the financial resources of both parties.” Animosity will cost you more in attorneys fees and is sure to take its emotional toll.
What Should You Bring to the First Consultation?
Some lawyers charge for a first consultation and some do not, so ask when you call. During that first visit, you should discuss exactly what to expect. That starts with a general overview of the process, the filing of the petition, service of process, the required financial disclosure, the mediation process, and the components of a good settlement agreement. If you have children, you should cover the components of a successful parenting plan and timesharing schedule, and what to expect in terms of child support. Finally, you should be able to talk about your fears, anxieties, and hopes for the future.
Your lawyer will provide you a list of documents to gather up, but you can start with what you already have. For a parenting case, that usually means any current parenting plan or final judgment, any injunction, school and medical records, and the texts or emails you and the other parent have exchanged about the children. The more information you have on hand the better.
How Will the Lawyer Communicate With You?
When you meet with the lawyer, check out his or her office and staff. Are the staff members courteous and helpful or do they seem put out by your questions and concerns? Ask who will work on your file and who will return your calls. Did he or she answer your questions in language which you understood? Sometimes good legal advice may not be what you want to hear.
Leave discussions about what the law is to conversations with your own attorney. It is common for us to hear, “My spouse says his lawyer says this… or that.” Family law is complex and many issues are open to interpretation. If the other parent has already met with a lawyer, that lawyer may not be able to take your case. Under Rule 4-1.18 of the Rules Regulating The Florida Bar, a lawyer generally “may not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter” if the lawyer received information that could be used against that prospective client.
After you’ve met with the prospective lawyer, did you feel a connection with him or her? Did you get a good feeling or a bad one? That feeling matters, but weigh it alongside the lawyer’s relevant experience, proposed approach, responsiveness and costs.
How Rice Law Firm Can Help
At the Rice Law Firm we provide customized solutions for parents ranging from the collaborative process to uncontested agreements, to full trials on the merits. If you need legal advice concerning a first parenting plan, a modification, a relocation or another time-sharing matter, you can reach Paul Rice at our Daytona Beach office at 386-257-1222. He is board certified by The Florida Bar in marital and family law, and Rice Law Firm has been helping Volusia County families since 1983.
This article is for general information only and should not be construed as legal advice.