Child Custody

Child Custody Lawyer in Fort Myers, FL

Determining Parental Rights & Responsibilities

At Calvo & Calvo, Attorneys at Law, we understand that determining what is best for your child can be emotionally and legally challenging. Even with the best intentions, navigating Florida’s child custody laws can feel overwhelming—especially when relationships break down or become contentious.

When parents disagree on custody matters, they can quickly find themselves in drawn-out disputes and prolonged divorce proceedings. Whether you are already facing such a situation or hope to avoid one, it’s essential to work with an experienced family law attorney who can guide you through every step of the process.

Our skilled and compassionate Fort Myers divorce attorneys bring the insight and dedication needed to help you protect your rights and your child’s well-being. We make sure you fully understand your legal options and how to assert them. If you need trusted custody counsel in Fort Myers, Cape Coral, or Bonita Springs, we’re here to help.

Contact us today for trusted legal guidance! With over 40 years of experience, our team is ready to advocate for you!

Understanding How Child Custody Works in Florida

Divorce proceedings involving children can be incredibly stressful. As a parent, it’s important to understand that the choices you make during your divorce can significantly affect your children—both now and in the years to come. One of the most crucial aspects of this process is establishing a parenting plan that addresses time-sharing and parental responsibility.

Time-sharing refers to the schedule that determines when the child spends time with each parent. This includes day-to-day care and living arrangements, ensuring the child has a stable, supportive environment. A parent with majority time-sharing will typically have the child residing with them most of the time, but Florida law favors arrangements that promote meaningful contact with both parents.

Parental responsibility involves the authority to make key decisions about the child’s life, including education, healthcare, and religious upbringing. Florida courts generally encourage shared parental responsibility, allowing both parents to remain actively involved in these vital aspects of the child’s well-being—unless doing so would be harmful to the child.

Fort Myers Child Custody Mediation Options

In Fort Myers, mediation is often a recommended first step in resolving child custody disputes. Mediation provides a neutral environment where both parents can discuss their concerns and preferences regarding childcare arrangements. The goal is to reach a mutual agreement without court intervention, saving time, reducing costs, and minimizing emotional stress for both parents and children. Local mediators in Fort Myers are experienced in handling sensitive family matters, aiming to create a supportive setting for open communication.

This approach is particularly beneficial in creating a custom parenting plan that aligns with the child’s best interests and suits the unique circumstances of the family. By choosing mediation, parents in Fort Myers retain more control over the final arrangements, focusing on effective co-parenting strategies that benefit their child’s development and stability.

Factors That Impact Custody Decisions

Florida's child custody laws frequently evolve, but one guiding principle remains constant: the best interests of the child. In our state, the courts have ultimate authority over custody decisions. Florida strongly favors arrangements that promote frequent and ongoing contact between the child and both parents whenever appropriate. This reflects the state's commitment to fostering shared parenting and, where feasible, encourages a joint custody approach to maintain balanced parental involvement.

However, several factors can affect a parent's ability to obtain custody. Florida courts take allegations of domestic violence or child abuse seriously—even in the absence of a criminal conviction. The courts also disapprove of any attempt to use a child as leverage during divorce proceedings. At our firm, we guide clients through the many critical do's and don'ts of child custody cases, helping them avoid missteps and prioritize the child's well-being.

Get Answers with a Fort Myers Child Custody Attorney

Parents often have many questions about how Florida courts handle parenting issues. Does a father receive the same consideration as a mother? What circumstances—aside from domestic violence—might lead a court to grant sole parental responsibility? Understanding these scenarios can help parents better prepare for the legal process and make informed decisions that serve their family's best interests.

Does a felony conviction affect time-sharing or child support rights in Florida? These are important and nuanced issues. Our team can help answer your questions and clarify what to esxpect in your parenting plan. Consult our experienced family law attorneys to benefit from our in-depth knowledge of Florida’s legal landscape—and gain peace of mind as you navigate this complex process.

Contact a Fort Myers child custody lawyer at our firm today by calling (800) 614-5138.

Frequently Asked Questions

What Should I Expect During a Child Custody Hearing in Fort Myers?

During a child custody hearing in Fort Myers, the court’s primary concern is the best interests of the child. Both parents have the opportunity to present their case, which may include testimony, documentation of parental responsibilities, and expert witnesses if necessary. Being well-prepared is essential, as the court considers several key factors—such as each parent's ability to provide a stable home, the child's emotional and educational needs, and each parent's willingness to support the child's relationship with the other parent.

It’s also important to understand local courtroom procedures and the judge’s role, as the judge ultimately determines the outcome. Working with an experienced local attorney—like those at Calvo & Calvo—ensures your case is effectively represented and that all paperwork is completed accurately and promptly, increasing your chances of a favorable result.

How Does Relocation Affect Child Custody Arrangements in Florida?

Relocation can significantly impact child custody arrangements in Florida and often requires legal modifications to existing court orders. Under Florida law, a parent may not relocate a child more than 50 miles from their current residence for more than 60 consecutive days without either the written consent of the other parent or court approval. This rule helps ensure that the child's well-being and relationship with both parents are considered before any move.

In Fort Myers, courts assess several factors when evaluating relocation requests, including the child's relationship with both parents, the reason for the move, and how the relocation would affect the child's overall quality of life. The legal team at Calvo & Calvo can guide you through this process, helping you comply with state laws while securing any necessary approvals or parenting plan modifications to protect your parental rights.

Can Grandparents Seek Custody or Visitation Rights?

In Florida, grandparents may seek custody or visitation rights under specific circumstances, although the law prioritizes the rights of the child’s parents. If both parents are deceased, incapacitated, or deemed unfit, grandparents may have a stronger case for seeking custody. Visitation may also be awarded if it’s proven to be in the child's best interest—particularly when a meaningful and pre-existing relationship exists between the grandparent and child.

Family courts in Fort Myers consider several factors, such as the emotional bond between the grandparent and child, the extent of the grandparent’s involvement in the child’s life, and the overall impact of continued contact on the child’s well-being. By working with Calvo & Calvo, you gain access to attorneys experienced in local family law who can advocate effectively for grandparents’ rights when the legal standards are met.

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Success Stories

At Calvo & Calvo, Attorneys at Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“Jose made me feel confident from our first conversation and throughout the legal process that everything would be OK. ”
“Jose made me feel confident from our first conversation and throughout the legal process that everything would be OK. He is a calming presence and walks the walk of what you will discuss and work on with him. Very highly recommended.”

- Anonymous
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“Mr. Calvo was very knowledgeable and professional. He directed me through a very complicated situation with ease and confidence. I would definitely recommend him to any of my friends.”

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“Mr. Calvo was a huge help with a situation I got into while I was on vacation a couple years ago. He fought tooth and nail for me and made sure everything was ok, all while we were thousands of miles apart. I can't thank him enough!”

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“Calvo and Calvo have represented me on several occasions and I have found them, Jose Calvo in particular, to be supportive, professional and thorough. I would not hesitate to seek Calvo and Calvo's representation in the future.”

- Marty B.
“in our struggle to secure my son's future. Mr. Calvo proved to be just the man I needed.”
“In our struggle to secure my son's future. Mr. Calvo proved to be just the man I needed. Our outcome was excellent. Thank you, Mr. Calvo, for your assistance.”

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“Mr. Calvo not only worked tenaciously for eight months before getting a favorable outcome for our son, but he was also extremely patient with him!”
“Mr. Calvo not only worked tenaciously for eight months before getting a favorable outcome for our son, but he was also extremely patient with him, explaining everything and answering the same questions over and over again to make sure he understood everyth”

- Wendy C.
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I am very grateful to Jose Calvo and his staff for their superb services. I was in a very difficult case in which I thought there was no way out. But thankfully I was led to Calvo & Calvo. Not only did he help me drop my felony charge to a misdemeanor; he also helped me get my records expunged or sealed. Whenever I had any questions, I simply emailed or called him and I had my questions answered very promptly. Thanks to him I can happily move on with my life. My family and I thank you very much!!! I would recommend him to everyone!!!!

- Anonymous

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