Jacksonville Child Custody Lawyer
Matt Hunt is a Board Certified Marital & Family Law attorney at Phillips, Hunt & Walker — one of the rarest credentials in Florida family law. The Florida Bar independently tested and certified his expertise. AV-Preeminent (Martindale-Hubbell). Consistently named a Florida Super Lawyer. Among the youngest attorneys in Florida to achieve Board Certification in his specialty.
When it comes to your children, second place is not acceptable. Child custody — in Florida called “timesharing” — determines how much time you spend with your children, who makes decisions about their health and education, and how they experience the next decade of their lives. The attorney who represents you shapes that outcome.
Free consultation. No copy costs charged to clients. Call (904) 444-4444.
Florida’s Timesharing Framework
Florida eliminated the legal terms “custody” and “visitation” years ago. Under Fla. Stat. § 61.13, all matters involving children are governed by a parenting plan that addresses: (1) the timesharing schedule — which days and nights each parent has the children; (2) parental responsibility — who makes decisions about education, healthcare, religious upbringing, and extracurricular activities; and (3) communication — how parents exchange information about the children.
The 2023 Presumption of Equal Timesharing
Florida’s 2023 family law reforms (HB 1409) created a presumption that equal timesharing (50/50) is in the best interests of the child. Fla. Stat. § 61.13(2)(c)2.
This is rebuttable — it can be overcome with evidence. A parent seeking more than 50% timesharing must affirmatively demonstrate why equal division doesn’t serve the child’s best interests. If you want equal timesharing and the other parent is resisting, you have a statutory presumption supporting your position.
Best Interests of the Child: The 20 Statutory Factors
Despite the presumption, all timesharing decisions are governed by the best interests of the child under twenty factors in Fla. Stat. § 61.13(3). Most significant:
Each parent’s demonstrated capacity to facilitate timesharing. Courts look unfavorably on parents who undermine the child’s relationship with the other parent. Withholding timesharing, making negative comments, and interfering with communication can cost you timesharing.
The child’s relationship with each parent. Courts examine historical involvement — school pickups, medical appointments, homework, bedtime routines — not just stated intentions.
Domestic violence, child abuse, sexual abuse, or neglect. A history of domestic violence creates a presumption against equal or majority timesharing for the abusive parent. If violence is a factor in your case, raise it immediately.
Mental and physical health of each parent. Untreated mental health conditions, substance abuse, or physical conditions affecting parenting capacity are relevant.
The child’s preference. For children of sufficient maturity — generally 12 and older — the court can consider stated preference. It is one factor among twenty, not determinative.
Geographic viability. Whether a proposed schedule is logistically workable given where parents live and work, school locations, and the children’s activities.
Guardian Ad Litem
In contested custody cases, the court may appoint a guardian ad litem (GAL) — an attorney or trained volunteer who independently investigates the family situation and recommends what timesharing arrangement serves the child’s best interests. The GAL speaks with both parents, the children, teachers, and therapists; reviews school and medical records; and submits a report that carries significant weight with judges.
Relocation: Moving Away with Your Children
Relocating with your children more than 50 miles from the primary residence for more than 60 days requires either written agreement from the other parent or court approval before moving. Fla. Stat. § 61.13001. Relocating without following these procedures can result in mandatory return of the children, contempt of court, and modification of timesharing. Do not relocate without legal advice.
Parental Alienation and High-Conflict Custody
Parental alienation — one parent systematically undermining the child’s relationship with the other parent through negative comments, interference with timesharing, false allegations, and coaching — is a factor Florida courts take seriously. Documented patterns of alienating conduct can result in reversal of primary timesharing. Evidence includes text messages, school and medical records, therapist testimony, mental health evaluations, and guardian ad litem reports.
Contempt: Enforcement of Timesharing Orders
When your co-parent willfully violates a court-ordered timesharing schedule, Florida provides remedies under Fla. Stat. § 61.13(4): civil contempt (sanctions, makeup timesharing, attorney’s fees), criminal contempt (incarceration in severe cases), and modification of the parenting plan. Don’t suffer in silence — violations have remedies.
Why Phillips, Hunt & Walker
Matt Hunt — Board Certified in Marital & Family Law by the Florida Bar. AV-Preeminent (Martindale-Hubbell). Florida Super Lawyers (peer-selected). Among the youngest attorneys in Florida to achieve Board Certification.
John M. Phillips — Board Certified in Civil Trial Law. Forbes Top 200 Lawyer in America (2025). Florida Trend Legal Elite (top 1% of Florida attorneys). When your custody case goes to trial, you have attorneys who know how to win.
No copy costs. No interest on litigation expenses. Competing firms charge LIBOR + 8% interest. We don’t. Zero.
660 Park Street, Jacksonville, FL 32204. Serving clients throughout Northeast Florida.
Child Custody FAQs
Q: What’s the difference between parental responsibility and timesharing?
A: Parental responsibility covers decision-making (education, healthcare) — it can be shared or sole. Timesharing is the schedule of when each parent has the children. You can have shared parental responsibility with an unequal timesharing schedule.
Q: Can I modify timesharing after the divorce?
A: Yes — but only upon a substantial, material, and unanticipated change in circumstances. Fla. Stat. § 61.13(3). Relocation, a parent’s criminal conviction, documented neglect, or a dramatic change in the child’s needs qualify. Minor inconveniences do not.
Q: My child says they want to live with me. Does that matter?
A: It’s one of twenty factors. A 14-year-old’s preference carries more weight than an 8-year-old’s. Courts also investigate whether the preference is the child’s genuine view or a product of coaching.
Q: What if I can’t afford to keep fighting?
A: Attorney’s fees can be awarded under Fla. Stat. § 61.16 based on financial disparity between the parties. If your spouse has significantly more resources, the court can order them to contribute to your legal fees.
Q: How do I protect my children from an abusive co-parent?
A: Seek an injunction for protection immediately. Under Fla. Stat. § 741.30, emergency injunctions can be issued in as little as 24 hours. Call us immediately — this is the most urgent situation in family law.
Contact Phillips, Hunt & Walker
Your children’s lives are shaped by this decision. Don’t face it without a Board Certified family law attorney.
Free consultation. No copy costs. No interest on litigation expenses.
Call (904) 444-4444 today.
Phillips, Hunt & Walker
660 Park Street, Jacksonville, FL 32204
(904) 444-4444 | floridajustice.com
Board Certified Marital & Family Law Attorney. Serving Jacksonville and Northeast Florida.