Child Custody Total Representation from Beginning to End

Child Custody Attorney in Sarasota

20+ Years of Family Law Experience, With a Counselor’s Perspective

At Boeller Law, P.A., we bring something no other child custody firm in Sarasota offers: a founding attorney who holds both a Florida Supreme Court Certified Family Mediator credential and a Master’s degree in Rehabilitation and Mental Health Counseling. When Attorney Sara Sawyer Boeller drafts a time-sharing agreement or represents you in court, she draws on that dual background to address the emotional dimensions of your case just as directly as the legal ones. We consider our clients’ wishes and preferences in court proceedings, and we believe every client is the captain of their own ship. Our job is to steer you in the right direction and guide you through every difficult stretch of the custody process.

Our child custody attorneys provide you with:

Our Sarasota child custody attorneys bring local insight into community expectations and court preferences within the Twelfth Judicial Circuit. We understand the specific steps involved in Sarasota County proceedings and stay current on local court requirements that can affect your case. In every matter, we build practical strategies that fit each family’s routines and needs. When issues arise, whether time-sharing disputes or modifications, you can count on us to clarify procedures and help you make informed decisions at every step.

Contact our trusted child custody lawyer in Sarasota at (941) 315-8598 to schedule a confidential consultation.

Types of Child Custody in Florida

Family law cases often become highly emotional when parents must decide custody during a divorce. Florida courts can grant two forms of child custody:

  1. When sole custody is granted, one parent becomes responsible for the child’s welfare and is authorized to make decisions about the child’s daily life.
  2. When joint custody is awarded, both parents share legal and physical custody so the child maintains meaningful time with each.

Courts frequently grant shared custody to foster strong parent-child relationships on both sides. A time-sharing agreement helps parents avoid conflict and ensures both spend structured time with the child.

Legal Custody vs. Physical Custody

Legal custody gives a parent the right to make decisions about a child’s welfare and upbringing, including choices about religion, education, and healthcare. Physical custody refers to where the child lives. If you have sole physical custody, your child lives with you, and the other parent typically has visitation rights.

Custody agreements can include various combinations of joint or sole physical and legal custody. Florida courts generally prefer joint custody when suitable, so both parents can play active roles in raising the child.

When developing custody arrangements in Sarasota County, parents must follow Florida law alongside local practices set by area judges. Sarasota courts, part of the Twelfth Judicial Circuit, typically require parents to submit a detailed parenting plan covering school responsibilities, healthcare, and methods for resolving future disagreements.

Parental Responsibility & Timesharing in Florida

Florida statutes use different terms than most other states. What courts elsewhere call “legal custody” is referred to in Florida as parental responsibility, meaning a parent’s authority to make major decisions about a child’s education, healthcare, and activities. What other states call “physical custody” is called timesharing in Florida, referring to where the child lives and the structured schedule of time spent with each parent.

Florida courts default to shared parental responsibility, meaning both parents ordinarily retain the right to participate in major decisions affecting the child. Sole parental responsibility may be awarded only when a court finds that shared decision-making would be detrimental to the child. Every Florida case involving minor children requires a court-approved parenting plan specifying timesharing schedules, school-related responsibilities, healthcare decision-making, and parent-to-parent communication methods. Our team understands Florida’s statutory custody framework and applies this knowledge directly to Sarasota County cases.

Factors Courts Consider in Custody Decisions

During a custody hearing, the judge decides custody based on the child’s best interests. Sarasota courts review several factors but pay close attention to any issues affecting a child’s health and safety. Key considerations include:

  • Which parent is more likely to meet the child’s daily emotional and physical needs
  • Which parent is more likely to maintain a stable and nurturing relationship with the child
  • Which parent is more likely to foster the child’s relationship with the other parent

Courts may also examine each parent’s moral fitness, mental and physical health, history of substance abuse, and willingness to support the child’s bond with the other parent. If you’re facing a custody hearing, working with a child custody attorney who understands these factors can help you protect your relationship with your child.

Modifying & Enforcing Child Custody Orders in Sarasota

Custody orders issued by Sarasota judges can change when family circumstances evolve. If a parent’s job changes, a relocation occurs, or a child’s needs shift, a parent may request a modification through the Sarasota County court. The judge reviews whether a significant change has occurred and whether the proposed adjustment serves the child’s best interests. Sarasota judges typically require clear evidence and updated parenting plans that reflect the new circumstances. Our team helps families through the modification process by preparing documents and communications that align with local court expectations.

When one parent fails to follow the terms of a custody order, enforcement becomes necessary. Sarasota courts take these matters seriously and may order mediation or further hearings to encourage compliance. Keeping organized records and working with a child custody attorney who knows local procedures can clarify your rights and next steps when the other parent isn’t following the order.

Grandparents’ & Third-Party Custody Rights in Sarasota

Florida law gives grandparents and some relatives the ability to seek visitation or custody if certain conditions apply. Sarasota courts review these requests based on the child’s best interests and the strength of the existing relationship. While Florida courts generally prefer parental custody, judges in the Twelfth Judicial Circuit may grant visitation or time-sharing to grandparents or other relatives when it benefits the child or addresses issues such as abandonment or parental unfitness.

Pursuing third-party rights in Sarasota involves specific legal steps that depend on the child’s needs and family background. Our team helps clarify these options, outlining when a grandparent or relative may have legal standing and explaining what information the court looks for. Understanding how local laws apply, what documentation is required, and what matters most to Sarasota judges helps set realistic expectations from the start.

Child Custody for Unmarried Parents in Sarasota

When a child is born to unmarried parents in Florida, the mother is presumed to have sole custody until paternity is legally established. An unmarried father has no automatic right to timesharing or decision-making authority until paternity is confirmed through a court proceeding or a Voluntary Acknowledgment of Paternity. Once paternity is established, the father can petition for a parenting plan and timesharing arrangement, and Florida courts apply the same best-interest analysis used in divorce cases.

Establishing paternity also triggers child support obligations and may entitle the child to inheritance rights, health insurance coverage, and access to the father’s medical history. Unmarried parents can reach a parenting plan through mediation or negotiation and submit it to the court for approval, which is typically less adversarial than a contested hearing. We handle custody matters for both married and unmarried parents throughout Sarasota County and can help you understand your rights and next steps at any stage of the process.

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Developing a Parenting Plan That Prioritizes Your Children

A strong parenting plan reflects your children’s individual needs and your family’s real-world dynamics. At Boeller Law, P.A., our child custody attorney in Sarasota guides parents through this process with a practical eye and a steady hand.

Parents in Sarasota typically benefit from parenting plans that reflect school district calendars and common extracurricular activities across Sarasota County. Local courts appreciate detailed plans that address regular communication and smooth transitions between households. We recommend practical solutions such as including transportation details and protocols for school events, helping parents set clear expectations for every stage of the year.

Our goal is to help you create a parenting plan that is thorough and adaptable, with careful consideration of factors such as:

  • The children’s age and developmental needs
  • The parents’ work schedules and availability
  • The children’s school and extracurricular activities
  • The parents’ ability to communicate and cooperate
  • The children’s relationships with extended family members

Parental Relocation and Custody in Sarasota

Florida law places clear requirements on a parent who shares timesharing and wants to move more than 50 miles from their current primary residence for at least 60 consecutive days. Under Florida Statute §61.13001, that parent must either obtain the other parent’s written agreement or file a petition with the court before relocating. Moving without satisfying one of these requirements can result in contempt proceedings and a potential modification of the existing custody arrangement.

When a relocation petition is filed, the court evaluates whether the proposed move serves the child’s best interests, weighing the reason for the relocation, the impact on the child’s relationship with the non-relocating parent, and whether a revised timesharing schedule can help preserve that relationship. If the move is approved, the court can require a new or amended parenting plan addressing travel logistics, holiday arrangements, and how the child will stay connected with the remaining parent. We handle relocation matters for Sarasota families on both sides of these requests, whether you are seeking to relocate or responding to a co-parent’s petition.

What Is a Guardian ad Litem?

In some custody cases, a Sarasota court will appoint a Guardian ad Litem: an independent representative whose role is to investigate the case and advocate for the child’s best interests, not for either parent. The Guardian ad Litem typically conducts home visits, interviews both parents and other relevant individuals, and submits a written report and recommendations to the court. Those recommendations carry significant weight in the judge’s determination of timesharing and parental responsibility.

When a Guardian ad Litem is involved in your case, preparation matters. Our team works alongside the Guardian ad Litem throughout the investigation process, providing documentation and ensuring your perspective is clearly represented in the assessment. Understanding what the Guardian ad Litem looks for and how to present your home environment and parenting approach can make a meaningful difference in the process.

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Boeller Law, P.A. Stands Out From the Crowd

  • Exceptional Track Record of Success
  • Personalized & Highly Effective Legal Solutions
  • Extensively Experienced Legal Team
  • Florida Supreme Court Certified Family Mediator
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