Why Divorce Lawyers Handle Child Custody Issues
Divorce and child custody are closely intertwined. When married parents separate, the court must address not only the division of assets and alimony but also parental responsibility, timesharing schedules, and child support. Because these issues are legally and practically inseparable from the divorce itself, most divorce attorneys are also highly skilled in child custody representation.
Child Custody Is Considered Part of the Divorce Process
In Florida, custody is legally referred to as:
- Parental Responsibility (decision-making authority)
- Timesharing (where the child lives and when)
- Parenting Plan (a detailed agreement outlining responsibilities)
Every divorce involving children requires a court-approved parenting plan. This means your divorce attorney must be prepared to negotiate and litigate custody issues from the very beginning of the case.
What Child Custody Issues Divorce Attorneys Handle
An experienced divorce lawyer handles all aspects of child custody during a divorce, including:
1. Creating and Negotiating Parenting Plans
A parenting plan outlines every detail of how parents will raise their child after divorce, including:
- Weekly schedules
- Holidays and school breaks
- Transportation responsibilities
- Decision-making authority for education, medical care, and activities
- Communication guidelines
A skilled attorney ensures the plan protects your parental rights and meets your child’s needs.
2. Parental Responsibility (Decision-Making Authority)
Florida courts typically favor shared parental responsibility, but exceptions exist—especially when there are concerns about neglect, domestic violence, substance abuse, or lack of cooperation. Divorce lawyers help determine whether shared or sole responsibility is appropriate and advocate for the safest arrangement.
3. Timesharing Schedules
Timesharing determines where the child lives and how much time they spend with each parent. Divorce lawyers negotiate schedules that:
- Support the child’s stability
- Fit the parents’ work schedules
- Reflect the child’s school activities and routines
- Protect the child’s health and emotional well-being
If parents cannot agree, the attorney will present evidence to the court to argue for a fair and beneficial schedule.
4. Child Support
Child support is calculated based on Florida’s statutory guidelines, and a divorce lawyer calculates and negotiates support based on:
- Income
- Timesharing percentages
- Childcare expenses
- Insurance
- Medical needs
Because support is heavily tied to custody, divorce attorneys handle both issues together.
5. Relocation Requests
If a parent wants to move more than 50 miles away with their child, a formal relocation request must be approved by the court. Divorce attorneys advocate for or against relocation depending on their client’s position.
6. Custody Disputes Involving Safety Concerns
When there are concerns about domestic violence, substance abuse, child neglect, or unsafe home environments, divorce attorneys take steps to protect the child—sometimes requesting supervised visitation or emergency orders.
When a Family Law Attorney Is Better Than a Divorce-Only Attorney
While most divorce lawyers handle custody, not every attorney has extensive experience litigating complex or high-conflict custody cases. This is where a broader, more experienced Jacksonville divorce attorney becomes essential.
A family law attorney is especially important for:
- Custody cases involving unmarried parents
- Post-divorce custody modifications
- Paternity disputes
- Domestic violence injunctions
- Relocation battles
- Cases where custody—not divorce—is the main issue
A firm like Fletcher & Phillips manages both divorce and all aspects of family law, giving clients continuity before, during, and after the divorce process.
What if You’re Not Married?
Not all custody issues arise during divorce. Unmarried parents often need legal assistance establishing:
- Paternity
- Parenting plans
- Timesharing schedules
- Child support
In these situations, a divorce-specific attorney may not be the best fit. Instead, a family law attorney—one who handles all aspects of custody and support outside divorce—is necessary.
How to Choose the Right Lawyer for Custody Issues
Whether custody arises during a divorce or independently, the following are essential traits to look for in a custody attorney:
- Extensive experience in child custody litigation
- Strong negotiation skills
- Understanding of Florida’s “best interests of the child” standard
- Knowledge of local judges and court expectations
- Compassionate but firm legal guidance
- Ability to handle high-conflict or complex family situations
A seasoned Jacksonville family law attorney has the training and background to manage both straightforward and high-stakes custody disputes effectively.
Final Answer: Yes—Divorce Lawyers Do Handle Child Custody Issues
In nearly all cases involving married parents, divorce lawyers handle child custody because custody is an essential part of the divorce process. However, when custody issues become highly contested, involve safety concerns, or occur outside of a divorce, working with a full-service family law firm offers broader protection and long-term support.
For families in Northeast Florida, Fletcher & Phillips provides comprehensive representation in divorce, custody, parenting plans, relocation, modifications, and all areas of family law—ensuring that both your rights and your child’s best interests are fully protected.
