Child Custody Effectively Advocating for You with Compassion and Integrity

Child Custody Attorney in Sarasota County

Over 20 Years of Florida Family Law Experience, Right Here in Sarasota County

Florida child custody law doesn’t use the word “custody” the way most people expect. The courts work with parental responsibility and timesharing, and every case involving minor children requires a court-approved parenting plan. At McDermott Law Offices, PLLC, we’ve helped families throughout Sarasota County navigate these matters since 2001, with Attorney Paul McDermott personally representing more than 2,000 clients over his 20-plus years in Florida family law.

Whether your situation arises from divorce, separation, or an unmarried co-parenting arrangement, we pursue the resolution path that fits your family: negotiation, mediation, collaborative law, or litigation before the Family Division of the 12th Judicial Circuit Court.

If you’re facing a custody matter in Sarasota County, contact McDermott Law Offices, PLLC today at (941) 837-5071 to schedule a confidential consultation and discuss your options with our team.

Why Sarasota County Parents Work With Us

Paul McDermott has training in collaborative law, a distinct credential in Florida family law that enables resolution outside the adversarial courtroom process. When parents will continue co-parenting after the case concludes, that non-adversarial path can protect the relationship they’ll rely on for years. When collaboration isn’t appropriate, we’re prepared to take your case to court with full preparation behind us.

Our approach begins with listening. Before we build any strategy, we take the time to understand your family’s specific circumstances, your goals, and what matters most to you and your child. Paul McDermott is a member of the Florida State Bar Family Law Section, the Sarasota Bar Association, and the Manatee County Bar Association, and that involvement keeps him current on the procedural expectations of local courts.

Clients tell us that accessibility matters as much as legal skill. We keep you informed at every stage so you’re never left wondering where your case stands.

How We Handle Your Custody Case

Every case starts with a detailed consultation. We learn your situation, your goals, and the specifics of your family before we recommend any course of action. From there, we evaluate Florida’s custody statutes alongside the facts of your case to build a tailored strategy.

Where circumstances allow, we pursue negotiation or mediation first. Resolving a parenting plan without courtroom conflict can produce arrangements both parents can actually follow, which can benefit the child long after the case closes. When the other side isn’t willing to negotiate in good faith, or when safety concerns require it, we shift to full courtroom advocacy.

The parenting plan that results covers more than just a timesharing schedule. It must address school responsibilities, healthcare decision-making, holiday and vacation arrangements, and a mechanism for resolving future disagreements. We draft plans that reflect your family’s real routines and anticipate potential friction points before they arise.

Schedule a Confidential Consultation

Custody matters move on court timelines, not personal ones. The sooner you understand your rights and options, the better positioned you’ll be throughout the process. McDermott Law Offices, PLLC offers confidential consultations for parents at any stage of a custody matter in Sarasota County.

Reach us by phone at (941) 837-5071 or through our online contact form. We’re ready to listen and help you find the right path forward.

Florida Parental Responsibility & Timesharing: What Sarasota County Parents Need to Know

Florida law replaced traditional “custody” terminology with two distinct concepts: parental responsibility and timesharing. Parental responsibility covers decision-making authority over a child’s education, healthcare, and activities. Timesharing refers to the schedule of time each parent spends with the child. Both are addressed in every parenting plan the court approves.

Shared parental responsibility is Florida’s default. Both parents ordinarily retain the right to participate in major decisions affecting their child. Sole parental responsibility, where one parent holds exclusive decision-making authority, is reserved for situations where shared decision-making would be detrimental to the child.

How Florida Courts Evaluate Timesharing

Courts have broad discretion in crafting timesharing schedules. The guiding standard in every case is the best interests of the child, a multi-factor analysis that considers each parent’s moral fitness, mental and physical health, the stability of each home, the child’s ties to school and community, and each parent’s willingness to support the child’s relationship with the other parent.

What a Florida Parenting Plan Must Include

Every Florida case involving minor children requires a court-approved parenting plan specifying how much time the child spends with each parent, who handles school-related matters, how healthcare decisions are made, and how parents will communicate. A plan filed in Sarasota County must meet the requirements of the 12th Judicial Circuit and should account for how circumstances may change over time. Detailed plans that reflect a family’s actual routines can support smoother hearings and reduce post-order conflict.

Sarasota County courts typically require parents to complete a court-approved parenting class before a custody order or parenting plan is finalized. This is a procedural requirement, not a reflection of parenting ability, and we walk clients through what to expect at every step.

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Child Custody Matters We Handle Across Sarasota County

Custody issues don’t follow a single pattern. Some families are working through an initial determination as part of a divorce. Others are returning to court years later because circumstances have changed. We represent Sarasota County parents across the full range of custody matters, for both married and unmarried parents.

Initial Custody Determinations

When a parenting plan doesn’t yet exist, we help you establish one that reflects your child’s needs and your family’s realities. We pursue negotiated or mediated agreements whenever possible and prepare for contested hearings when they’re necessary.

Custody Modifications

Florida courts require more than a preference for a different arrangement before they’ll modify an existing order. You must demonstrate a material, substantial change in circumstances, such as a parent’s relocation, a significant employment change, or a safety concern affecting the child’s welfare. We assist Sarasota County parents in building and presenting the evidence those petitions require.

Parental Relocation Disputes

Under Florida law, a parent who shares timesharing and wants to move more than 50 miles from their current principal residence must obtain the other parent’s written agreement or petition the court before relocating. These disputes rank among the most contested custody matters in Sarasota County because of their direct effect on the day-to-day timesharing schedule. We represent both the parent seeking to relocate and the parent opposing the move.

Custody for Unmarried Parents

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 parental responsibility until that step is complete. We assist unmarried fathers with paternity establishment and guide both parents through the process of reaching a court-approved parenting plan.

Whether you’re beginning a custody proceeding or need to modify an existing arrangement, contact McDermott Law Offices, PLLC at (941) 837-5071 to schedule a confidential consultation with our Sarasota County custody team.

Paternity & Custody Rights for Unmarried Parents in Florida

Florida law presumes that a child born to unmarried parents is solely in the mother’s custody until paternity is legally confirmed, either through a court proceeding or by signing a Voluntary Acknowledgment of Paternity. Until one of those steps is complete, an unmarried father has no legal right to timesharing or parental responsibility, regardless of his involvement in the child’s life.

Once paternity is established, the father can petition for a parenting plan and timesharing arrangement. Florida courts apply the same best-interest analysis used in divorce cases, meaning the child’s school ties, home stability, and each parent’s willingness to support the other’s relationship with the child all factor into the court’s decision. 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.

At McDermott Law Offices, PLLC, we work with unmarried parents throughout Sarasota County at every stage of this process. Where the level of conflict allows, we guide parents through mediation or collaborative negotiation to reach a parenting plan they can submit to the court for approval, which is typically less adversarial and less costly than a contested hearing.

Parental Relocation & Its Effect on Sarasota County Custody Orders

Florida’s relocation statute requires a parent who shares timesharing to obtain the other parent’s written agreement or file a petition with the court before moving more than 50 miles from their current principal residence. Moving without satisfying one of these requirements can result in contempt proceedings and potential modification of the existing custody arrangement.

When a relocation petition is filed, the 12th Judicial Circuit evaluates the reason for the proposed move, the impact on the child’s relationship with the non-relocating parent, and whether a revised timesharing schedule can preserve that relationship in a meaningful way. If relocation 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 parent who remains.

We represent Sarasota County clients on both sides of these disputes, whether you’re pursuing relocation for legitimate reasons or opposing a move that would reduce your time with your child.

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"Just Great!"
Great attorneys - more like family. Will never go anywhere else. Gave me way more than I could afford because they care about people. Just great.

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"Stupendous Through and Through"
My experience with Paul and Louise was stupendous through and through. Honest. Reliable. Fair. Integrity. My case was handled with the utmost care and professionalism.

- Anne P.
"They Actually Care"
Paul & Louise were amazing!! He was patient with my case, despite all the bumps in my case and understood my situation.

- David A.
"Excellent Legal Expertise"
As you can imagine any divorce is traumatic. Working with Mr. McDermott made the process better. His good listening skills, compassion and legal expertise were excellent.

- Jeffrey H.
"Helpful and Professional!"
Very helpful and professional. Returns communication in a very timely manner.

- Madison M.
"Great Work Ethic"
Paul and Louise did a great job for me. Paul has a great work ethic, uses fair billing, and knows his stuff. He is well-respected in the community.

- Andy J.
"Empathy, Creativity, & Integrity"
This team demonstrated incredible empathy, creativity, integrity, wealth of knowledge, and humor when helping me with my divorce. They lead me step by step with projected timelines, options, and reality checks.

- Eduardo L.
"Patient and Helpful"
Paul McDermott is very helpful and professional. He is also patient and provided excellent advice.

- Former Client

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What Sets Us Apart

Compassionately Aggressive
We understand this can be a difficult process; we care for the person behind the case, while still fighting aggressively for your rights.
Responsive and Reachable
You'll never wonder where your case stands; we'll return your calls and walk you through the process every step of the way.
Prioritizing Your Experience
We have served thousands of clients, providing excellent customer service with the utmost integrity.
Serving Clients Since 2001

Paul McDermott has been effectively advocating for clients like you for over twenty years.