Child Custody Lawyer in Orlando

Your Guide to Child Custody Law in Orlando, FL

Navigating a child custody case in Orlando requires both proven experience and a deep understanding of Central Florida’s legal landscape. The family court system in Orlando—specifically the courts located downtown near Orange Avenue—places the well-being and best interests of your child at the forefront. As a dedicated Orlando child custody attorney, I recognize the complexities that local families face, from unique school zoning to extended family arrangements. At Benjamin Law, I offer personalized guidance as your child custody attorney in Orlando, helping you understand your options and protect your parental rights throughout each stage of the custody process.

Being deeply familiar with the Orange County and Osceola County family courts, I provide informed advice and strategic solutions for custody disputes throughout Central Florida. During an initial consultation at our conveniently located Orlando office, you can expect a clear explanation of how the local judiciary approaches custody matters. My commitment is to help you develop the strongest possible plan for your family, positioning you for a positive outcome in every negotiation or appearance before the court. Every case is unique, and that is why I offer creative, compassionate legal strategies that reflect your goals while supporting your child’s stability and happiness. If you are searching for a child custody lawyer near you, Benjamin Law is prepared to guide you through every step forward.

For over 20 years, Attorney Nicole Benjamin and the team at Benjamin Law have provided guidance through complex family law matters, including child custody disputes. Every family is unique, and we take pride in crafting personalized strategies that align with our clients' goals while prioritizing what matters most—the stability and happiness of their children. 

Often, we assist in resolving custody disputes through mediation, a process that frequently saves parents time, reduces stress, and helps to prevent unnecessary conflict. If mediation cannot resolve the issues at hand, our team is ready to pursue litigation to safeguard your rights as a parent. Whether you are seeking a custody attorney in Orlando or need a child custody lawyer to represent you in court, Benjamin Law delivers steadfast support you can trust.

If you are dealing with a child custody dispute, whether through divorce or another family law setting, contact Benjamin Law. You do not have to face these challenges alone. Let us create a path to resolution that works for you and those you love most. Schedule a consultation to take the first step toward a brighter future for your family.

To speak with an Orlando child custody lawyer at Benjamin Law, call (321) 473-6679 or reach out online to request a consultation—your solution starts here.

Physical vs. Legal Child Custody in Florida 

Understanding the difference between physical and legal custody is essential as you navigate your case with a child custody attorney in Orlando. The type of custody awarded—whether joint or sole physical or legal custody—will define your rights, responsibilities, and your ongoing relationship with your child.

In Florida family law, physical custody determines where your child lives, while legal custody defines which parent—or whether both parents—has authority to make major decisions. Orlando parents often ask how details like school zones in Downtown Orlando, proximity to extended family, and access to resources affect a judge’s custody order. Orlando family courts closely consider the child’s emotional and developmental needs as well as local factors unique to our community. If you reside near highly rated schools in Orlando or have a robust local support network, these may be critical strengths in your case.

Parents in Central Florida also need to consider how physical and legal custody interact in day-to-day life. For example, a parent may share equal time with the child but hold limited decision-making authority, or vice versa, depending on the history of cooperation between the parties. We help you think through how medical appointments, school meetings, and extracurricular activities will be handled under each potential structure so you can request an arrangement that is practical as well as legally sound.

Courts favor arrangements that foster a meaningful parent-child relationship, and local judges expect proactive co-parenting and open communication. As a custody lawyer in Orlando, I work with clients to create customized parenting plans that include everything from daily logistics and exchange procedures to communication expectations and special occasions. An early, strategic discussion ensures your plan addresses what matters most for your child’s success.

Below, we explore the two types of custody in Florida:

Physical Custody Explained 

Physical custody refers to where the child lives and which parent is responsible for daily care—such as providing meals, transporting to and from school, and establishing routines. Physical custody can be awarded jointly, where both parents share significant time, or solely, where your child lives primarily with one parent. As a child custody attorney near you in Orlando, I help families understand and address practical issues like the impact of traffic, distance between homes, and school commutes—factors that play a significant role in both joint and sole custody arrangements. When joint physical custody is awarded, parents must collaboratively establish a workable schedule that addresses holidays and extracurricular activities, tailored to the realities of life in Central Florida. When sole custody is necessary, the non-custodial parent generally remains entitled to consistent visitation rights or time-sharing rights, unless the court determines otherwise due to special circumstances.

When we prepare for hearings about physical custody, we often review maps, school calendars, and work shifts to show the court how a proposed schedule will realistically function in and around Orlando. Demonstrating that a plan accounts for drive times on I-4, access to after-school care, and the availability of each parent during evenings and weekends can help the court see that your proposal is both child-centered and feasible over the long term.

Legal Custody: Parental Decision-Making 

Legal custody (sometimes called parental responsibility in Florida) authorizes a parent to make important decisions about the child’s upbringing, such as schooling, religion, healthcare, and extracurricular involvement. Legal custody may be granted jointly, meaning both parents must communicate and agree before making major choices, or solely, which grants one parent the decision-making authority. Orlando child custody lawyers help craft plans that reflect each family’s ability to cooperate and resolve differences. If there are challenges in communication or a history of high conflict, the court may consider restricting decision-making to one parent. The overriding focus in Orlando remains the child’s best interests—ensuring parents can capably provide, communicate, and keep their child’s needs at the forefront.

When we advise parents about legal custody, we look closely at how decisions have been made in the past and whether both parents have been actively involved in educational and medical choices. In some Orlando cases, creating detailed tie-breaking procedures or assigning different areas of responsibility to each parent can give the court confidence that important decisions will not stall when disagreements arise.

Filing for Child Custody in Orlando, FL

If you are preparing to file for child custody in Orlando, understanding the local court process is vital. Child custody attorneys can guide you through filing in the Orange County Courthouse, which serves most of Central Florida’s family law cases. Filing typically starts with a petition that outlines your preferred custody or time-sharing arrangement and explains why this arrangement suits your child’s best interests. Both parents are also required to complete a state-approved parenting course and submit a proposed parenting plan detailing schedules, travel, and communication protocols.

At Benjamin Law, I collaborate with you from the beginning to ensure every document is accurate, timely, and in compliance with Florida statutes. I help clients present comprehensive supporting evidence—such as school records, work schedules, and activity calendars—which become particularly relevant in Orlando’s school districts and for families with complex routines. I believe in transparency at every step, empowering you to be well-prepared and reducing the possibility of delays or surprises in your custody matter.

As we prepare your initial filings, we also discuss whether your custody issues are arising during a divorce, a paternity action, or a stand-alone modification request, because the required forms and procedural steps can differ in each situation. Parents in Orlando benefit from understanding how mandatory disclosures, financial affidavits, and parenting courses fit into the overall timeline so they can plan time off work and childcare around court deadlines.

Orlando encompasses communities from Winter Park to Dr. Phillips and Lake Nona, each presenting its logistical nuances. As your Orlando custody attorney, I help navigate the realities of parenting plans, balancing drive times and school zones against the best interests of your child. These practical challenges make local knowledge an important advantage and can influence the details of your parenting plan and the court’s perspective.

Once your case is filed, the court usually schedules a case management conference or mediation. Local mediation centers work to promote agreement before court intervention, but when compromise is not possible, your case may proceed to a hearing or trial. My team offers ongoing communication, clarity, and advocacy through every step of the Orlando family court process—delivering peace of mind throughout your custody journey.

How Florida Courts Determine Child Custody 

Florida courts consider a wide array of factors when determining child custody, sometimes referred to as time-sharing. According to Florida Statute 61.13, the child’s best interests always take priority. Judges in Orange County and throughout Orlando review not only legal requirements, but also local practicalities, making experience in Orlando’s family courts especially important for anyone seeking a child custody attorney in Orlando.

Local courts assess factors including geographic stability, parents’ work commitments, school district location, the ability to foster a positive relationship with each parent, and potential travel concerns. Child custody lawyers in Orlando routinely navigate these real-world issues, crafting compelling plans attuned to the child’s specific living arrangements and daily routines. Local traffic and the distribution of schools or aftercare programs can all play into a judge’s assessment of the best arrangement for your child.

The process typically begins when each parent presents a suggested parenting plan. To maximize success, these plans often include granular detail—specific exchange locations, school pick-ups relevant to neighborhoods like Lake Nona or Baldwin Park, and culturally significant holidays. These details show the court a genuine commitment to your child’s well-being and readiness to co-parent effectively, key principles in Central Florida family courts.

When reviewing a custody case, Florida judges evaluate several critical areas, including:

• Your ability to maintain a close relationship with the child 
• Your physical and mental health
• The child's preference (if the court determines appropriate)
• Your capacity to establish consistent routines
• Any substantiated evidence of abuse or neglect