Child Custody Attorney in Melbourne, FL
Few things matter more than your relationship with your children. If you are facing a separation, divorce, or paternity case on the Space Coast, the decisions made now about time-sharing and parenting will shape your family for years. At Brunelli Law, P.A., attorney Marjorie Brunelli guides parents in Melbourne and throughout Brevard County through Florida’s custody process with clear, practical advice. Our office serves families in Melbourne, Palm Bay, Rockledge, Cocoa, Satellite Beach, Merritt Island, and Viera, and we assist clients in both English and Portuguese.
Florida Doesn’t Use the Word “Custody”
Florida law has moved away from terms like “custody” and “visitation.” Instead, Florida courts divide parenting into two concepts. Parental responsibility covers decision-making authority over major issues such as education, health care, and religious upbringing. Time-sharing describes the schedule of when the children are with each parent. In most cases, courts order shared parental responsibility, meaning both parents confer on major decisions, even when the time-sharing schedule is not equal.
The Equal Time-Sharing Presumption
Under current Florida law, courts begin with a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. This presumption is the starting point, not a guarantee. A parent can overcome it by showing, by a preponderance of the evidence, that equal time-sharing would not serve the child’s best interests. The court then crafts a schedule built around the child’s needs.
The Best-Interest Factors
When parents cannot agree, the judge decides time-sharing and parental responsibility using the best-interest factors set out in Florida Statutes section 61.13. These include:
- Each parent’s ability to support a close relationship between the child and the other parent
- The division of parental responsibilities and how it will work after the case
- The moral fitness, mental health, and physical health of each parent
- The child’s home, school, and community stability
- Any history of domestic violence, abuse, abandonment, or neglect
- Each parent’s capacity to meet the child’s developmental needs and put those needs first
- The reasonable preference of the child, if the court finds the child is mature enough
Parenting Plans
Every Florida case involving minor children requires a parenting plan. This is a written document, approved by the court, that sets out the time-sharing schedule, how parents will share responsibility for daily tasks and major decisions, how they will communicate, and how holidays and school breaks are handled. A well-drafted parenting plan prevents conflict by addressing problems before they arise. We help parents build plans that are realistic for their work schedules, their children’s ages, and the distances between homes here on the Space Coast.
Modifying Time-Sharing Later
Children grow and circumstances change. To modify an existing time-sharing order, Florida requires a showing of a substantial, material, and unanticipated change in circumstances since the last order, plus proof that the change is in the child’s best interests. This is a higher standard than the original case, and the reasons matter. We can help you evaluate whether your situation meets the threshold.
This is general information, not legal advice. Reading it does not create an attorney-client relationship.
Child Custody & Timesharing FAQ
Does Florida favor mothers over fathers in custody cases?
No. Florida law is gender-neutral. Judges decide time-sharing and parental responsibility based on the best-interest factors, and the law now begins with a presumption that equal time-sharing serves the child.
At what age can my child choose which parent to live with?
There is no set age in Florida. A child does not get to decide. The court may consider a child’s reasonable preference if it finds the child is intelligent, understanding, and mature enough, but it is only one of many factors.
What is the difference between sole and shared parental responsibility?
Shared parental responsibility means both parents participate in major decisions and is the norm. Sole parental responsibility, where one parent decides alone, is ordered only when shared responsibility would be detrimental to the child, such as in some abuse cases.
Can a parent move away with the children?
Florida’s relocation statute generally applies to a move of more than 50 miles for at least 60 days. A relocating parent needs either the other parent’s written agreement or court approval. Moving without permission can carry serious consequences.
Do we have to go to court to set a parenting plan?
Not always. Many parents reach an agreement through negotiation or mediation, and the court approves their plan. A judge decides only when parents cannot agree. Mediation is often required before a contested hearing.
How long does a custody case take in Brevard County?
It depends on whether the parents agree and how busy the court is. An agreed case can resolve in a few months, while a contested case can take longer. We work to resolve matters as efficiently as your situation allows.
Talk With a Melbourne Time-Sharing Attorney
Your parenting time is worth protecting with sound guidance. Attorney Marjorie Brunelli will listen to your situation and help you understand your options under Florida law. Call 321-350-0013 to schedule a consultation. We serve parents across Brevard County and assist clients in English and Portuguese.