Honesty. Respect. Fairness. Strong Advocacy.

Dealing With Custody In Brevard County

Last updated on June 30, 2026

In Florida, child custody is known as time-sharing and parental responsibility. This change from the older terminology has been done to better reflect the reality of the responsibility a parent has for the care and raising of their children.

Ms. Abbott can help you understand how these laws will apply to your specific case. Representing families throughout Brevard County, she takes the time to listen to you and your situation, explain the law, how it applies to your circumstance, and your rights, obligations and options.

Florida’s Best Interests Standard

Raising children is a complex process, and it becomes far more complex when the parents are not together. But Ms. Abbott can help you develop a parenting plan that will work for your children and for you in the years ahead. Florida courts use the “best interests of the child” standard when determining time-sharing and parental responsibility. The court evaluates multiple factors to make this determination:

Each parent’s ability to encourage a close relationship between the child and the other parent: The court favors parents who actively support their child’s bond with the other parent rather than interfere with it.
The mental and physical health of each parent: Courts assess whether each parent can physically and emotionally care for the child’s needs.
The child’s established home, school and community ties: Stability matters. Courts hesitate to disrupt a child’s established routine and relationships.
Each parent’s involvement in the child’s daily life, school and activities: Active participation in homework, sports and doctor’s appointments demonstrates commitment.
Communication and cooperation between parents: Parents who can work together and share information about their child receive favorable consideration.
Any evidence of domestic violence, child abuse, neglect or abandonment: Any history of violence or abuse heavily influences custody decisions and can result in supervised visitation or loss of parental rights.
Each parent’s ability to provide a consistent routine and stable environment: Children thrive on predictability. Courts look for parents who maintain structure in their homes.
Each parent’s ability to maintain a substance-free environment: Drug or alcohol abuse can disqualify a parent from equal time-sharing or unsupervised visits.
The child’s developmental needs and each parent’s capacity to meet them: Courts match parenting abilities to the child’s age, special needs and developmental stage.
Any other relevant factor specific to your case: Judges have discretion to consider unique circumstances that affect your child’s welfare.

Of course, parents often disagree with regard to what is in their child’s best interest. This is where Ms. Abbott can be helpful.

There are two aspects to these plans. One is time-sharing, or where the child will spend their days and nights. Second is parental responsibility or the legal rights and obligations each parent has to their child.

Time-Sharing Options

Time-sharing is what most people are thinking of when they think of child custody. It encompasses the time a child spends with each parent. Time-sharing is a very flexible concept, but it assumes that it is best if the child spends time with each parent on a regular basis. Ms. Abbott can help you work through the statutory factors that a judge will review to come up with a schedule that will work for your family. This schedule should encompass all of the relevant factors that apply to your child and should take into consideration a wide range of events in the child’s life, including:

School schedule
Holidays
School breaks
Vacations
Summer camps
Birthdays, both child and parent
Any other times when the child and parent would want to be together

The schedule would also need to consider the parents’ work schedules and routines. If a parent works for an airline and travels frequently or is a medical professional who works rotating shifts, the time-sharing schedule must be designed to work in a realistic way with those requirements. In most cases, practicality will be controlled; you must live with this schedule so you want it done correctly. Ms. Abbott can help you work through these schedules to develop a realistic and viable schedule.

Parental Responsibility

Parental responsibility is a very complex subject. Sometimes called decision-making authority, this encompasses decisions made by parents about the child’s education, health care questions, religious upbringing and routine decisions that need to be made every day. Florida presumes parents will share responsibility equally, but there is a 15-factor statutory test that is employed if there is a dispute. The factors include a wide range of behaviors and circumstances, some of which include:

The parental relationship
The ability of each parent to act on the needs of the child
The stability of the child’s environment
Where the parents will live with the child, including travel time
The health of the parents
Their ability to provide a consistent routine for the child
The ability of the parents to communicate and their willingness to work together for the child
Issues of domestic violence
And finally, a catch-all of “any other relevant factor.”

As you can see, this is very broad and allows a judge wide discretion to create a plan where the parents cannot agree. Ms. Abbott understands this challenge, and she works to help you develop a parenting plan that is truly in your child’s best interests, with the goal of obtaining the cooperation of the child’s other parent.

Remember, the test is in the “best interests of the child,” so you must view these elements in that light. You may believe you are the “better” parent. Absent actions that threaten the child’s well-being or welfare, a judge is unlikely to award sole decision-making authority to only one parent. In case there is a threat or where cooperation with the child’s other parent is not possible, she works to build powerful arguments that will demonstrate your claims and protect you and your child’s interests.

Moving Out Of State With A Child (Relocation)

If you intend to change your principal residence more than 50 miles away (measured in a straight line) for at least 60 consecutive days, Florida law (F.S. 61.13001) requires strict legal procedures. You cannot relocate without the other parent’s written consent or a court order.

You must file a petition and prove the move serves your child’s best interests. The court examines your reason for relocating, the impact on the child’s relationship with the other parent, quality of life improvements and whether you’re acting in good faith. If the other parent objects, they must file a verified written response within 20 days of being served with your petition, or the court may approve the move by default. If a timely objection is filed, you face a strict legal battle. Courts often deny requests that disrupt time-sharing or weaken the child’s bond with the nonrelocating parent.

Relocating out of Brevard County or Florida presents even greater challenges. You need strong evidence and experienced legal guidance. Ms. Abbott understands Florida’s relocation laws and builds compelling arguments whether you seek to relocate or oppose a move.

When Children Need Additional Help

Unfortunately, there are times when families in Titusville, Rockledge, Melbourne or other parts of Brevard County, have to step in for the best interest of their grandchild, niece, nephew, cousin, brother or sister. The Florida Statutes have a chapter specifically addressing these times to assist families in stepping in and protecting their children without the necessity of the Department of Children and Family Services (Child Protective Services). In these instances, the parents of the children maintain their parental rights.

Answers To Common Questions About Child Custody In Brevard County

If you’re a Satellite Beach parent going through a divorce (or an unmarried parent going through a breakup), you likely have numerous questions about child custody laws and procedures in Florida. You’re certainly not alone. Prospective clients contact the firm regularly with a wide array of questions.

On this page, Lesley Turmelle Abbott, P.A., has provided answers to some of the most common questions she gets asked. After reading, feel free to contact Lesley Turmelle Abbott, P.A., for answers to your own questions.

Are The Terms Custody And Visitation Outdated? Have They Changed?

In Florida, as in many other states, child custody and visitation are no longer the official terms used in family law procedures. Terminology related to each parent’s allotment of time with their children is now called “time-sharing,” while the legal authority to make decisions on behalf of children is now called “parental responsibility.” The legal agreement allocating time and responsibility is known as the “parenting plan.”

While it is important to know and understand the new terms, Brevard County attorneys and judges will still understand what you’re talking about if you use the more traditional terms. That’s one reason why Ms. Abbott has included both new and old terminology on this site.

How Is Custody (Time-Sharing) Determined? Are Courts Biased Against Mothers Or Fathers?

Florida courts are obligated to make child custody decisions guided only by the best interests of the child. In many (but not all) cases, that means keeping both parents actively involved in a child’s life, although the allocation of time may not be equal.

If you and your co-parent can negotiate a plan on your own (with the help of attorneys), the court will usually approve it if it is fair and meets the best interest standard. If you cannot agree on a plan, however, the court will create one after considering all relevant factors.

While there are plenty of people who would tell you that courts are biased against fathers or mothers, this is simply not true. The gender of the primary caregiver (if there is one) is not a relevant factor in allocating parenting time.

Are Custody Rulings (Parenting Plans) Permanent? Can They Be Changed?

Parenting plans are enforceable as soon as they are issued, and they remain in effect until and unless they are modified. You can petition the court to modify the parenting plan if there has been a change in circumstances that is unanticipated, material and substantial enough that the best interests of the children are no longer being served.

Lesley Turmelle Abbott, P.A., can help petition to modify the agreement or defend against a co-parent’s petition, depending on your needs.

Does The Allocation Of Parenting Time Impact How Much I Pay / Receive In Child Support?

Yes, child custody and child support are linked. However, parenting time is just one of many factors that contribute to the calculation of support amounts. The best strategy is to focus on parenting time allocation first, then work out what it will mean for child support.

Call Ms. Abbott Today

To reach her Satellite Beach office, call 321-253-2275 or send her an email. Schedule a consultation today. Lesley Turmelle Abbott, P.A., serves clients throughout Satellite Beach and other communities in Brevard County, Florida, including Cocoa Beach and West Melbourne.