Wellington Child Custody Lawyer
Custody cases for Wellington families are heard in the Fifteenth Judicial Circuit, whose Family Court division handles time-sharing, parental responsibility, child support, and divorce for all of Palm Beach County. Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, and as a Wellington child custody lawyer team it represents parents in Wellington, throughout Palm Beach County, and across Broward County.
Florida does not use the word “custody” in its statutes. The court decides parental responsibility (who makes major decisions about school, health care, and religion) and time-sharing (the schedule that determines where a child sleeps and who has the child on which days). Since the 2023 amendments to section 61.13, Florida law presumes that equal time-sharing is in a child’s best interests. That presumption can be rebutted, but it changes where negotiations start. A parent who once assumed a majority-time schedule was the default, or that a father would see his children every other weekend, is working from an outdated picture.
What follows is how these cases tend to unfold for Wellington parents, from the first filing through the parenting plan, and what you can do now to put yourself in a stronger position.
What the Equal Time-Sharing Presumption Means for Your Case
The presumption is a starting point, not a guarantee. A judge still has to decide what serves the child, and the statute lists the factors: each parent’s ability to put the child’s needs ahead of their own, their willingness to support the child’s relationship with the other parent, how well each has handled the child’s daily routine, the stability of each home, the distance between homes, and any history of domestic violence or substance abuse, among others. Evidence that a parent has been shut out of school and medical decisions, or that a parent badmouths the other in front of the child, tends to matter more than most people expect.
In practice, many Wellington cases settle on a schedule that is close to equal because the presumption makes it hard to justify much less. The disputes that remain usually involve logistics: a parent who travels for work, a child in a demanding equestrian or athletic program, a home on the far side of the county from the child’s school, or a parent who has been largely absent and now wants a large share of time. Each of those facts can be argued as supporting or rebutting an equal schedule, and how you present them matters.
Why Choose Williams & Varsegi, LLC for Wellington Custody Cases
Williams & Varsegi, LLC is a boutique family law firm serving clients in Wellington and across Palm Beach County and Broward County, including Boca Raton, Delray Beach, Coral Springs, and Parkland. The firm practices exclusively in divorce and family law, with over twenty years of experience, and its caseload ranges from high-net worth, high-conflict matters to uncontested and simplified cases. That range is useful in custody work, where one family needs a carefully negotiated parenting plan and another needs a trial-ready advocate.
The attorneys here are Katie and Emerald Williams, Lawyer. Clients work directly with experienced attorneys who know their case, rather than being passed along to someone unfamiliar with the file. Client reviews describe the same thing: a team that is responsive and knowledgeable, that keeps its promises from the first consultation, and that makes a drawn-out process feel less anxious. One client wrote that Katie represented her for more than three years and made the whole process smooth. The firm carries a 5-Star Rating from its clients.
For custody matters in particular, the combination that counts is negotiating skill and courtroom experience. Most parenting plans are resolved through negotiation or mediation, and the firm’s attorneys are skilled negotiators. When a case cannot be resolved, they are experienced litigators with extensive courtroom experience, and the firm works with forensic accountants, business valuators, and other experts when a custody case is tied to complex finances, such as a parent who owns a business and whose income is disputed for child support purposes.
Custody Issues Wellington Parents Most Often Face
- Initial Parenting Plans: Every case with a minor child requires a parenting plan addressing the time-sharing schedule, holidays, school breaks, decision-making authority, and how the parents communicate. Florida courts expect a detailed plan, not a vague arrangement.
- Disputes Over Equal Time-Sharing: Because section 61.13 presumes equal time is in the child’s best interests, a parent seeking a different split must present evidence that rebuts it, and a parent defending equal time must be ready for that challenge.
- Shared vs. Sole Parental Responsibility: Florida favors shared parental responsibility. Ultimate decision-making authority for one parent is reserved for cases where shared decision-making would harm the child.
- Relocation: Under section 61.13001, a relocation means moving at least 50 miles from the prior residence for at least 60 consecutive days. Temporary absences for vacation, education, or a child’s health care do not count. A parent who moves out of Wellington to another part of the state, or out of state, must follow the statutory process.
- Modification of Existing Orders: Changing a time-sharing schedule or parenting plan requires proof of a substantial and material change in circumstances. The Legislature removed the requirement that the change be “unanticipated,” which makes modification somewhat more attainable than it once was.
- Child Support Tied to Overnights: Support follows the section 61.30 guidelines, and a parent who exercises at least 20 percent of overnights (about 73 nights a year) receives a time-sharing adjustment. The overnight count in your parenting plan therefore affects the money as well as the schedule.
- Domestic Violence Allegations: A petition for an injunction under section 741.30 can run alongside a custody case, and its outcome can reshape time-sharing. A temporary ex parte injunction lasts up to 15 days, until the court holds a full hearing.
- Unmarried Parents: Parents who were never married still litigate time-sharing and support in the same Family Court division, after paternity is established.
What to Do and Where to Go if a Custody Dispute Is Coming
Start by getting organized before any filing. Gather your children’s school records, medical providers, and activity schedules, and write down who has actually handled pickups, doctor visits, and homework. Judges give weight to which parent has been doing the daily work of parenting, so a plain record of that is better than a list of complaints about the other parent. Keep communication with the other parent civil and in writing where possible, because texts and emails often become exhibits.
Avoid the common mistakes: moving a child out of the home or withholding them from the other parent without a court order, posting about the dispute on social media, and discussing the case with your children. Each can be used against you under the factors that reward cooperation and child-focused behavior. If there is a safety concern, such as violence or substance abuse, speak to a lawyer promptly about an injunction or an emergency motion rather than acting on your own.
Family cases for Wellington residents are filed in the Palm Beach County Circuit Court. The Main Judicial Complex is in West Palm Beach, and the North County Courthouse in Palm Beach Gardens and the South County Courthouse in Delray Beach both accept new Family Court cases and domestic violence injunction petitions. The West County Courthouse in Belle Glade is another Palm Beach County location. The Clerk of the Circuit Court’s offices are open Monday through Friday during business hours, and the Clerk also has a branch in Royal Palm Beach. If the other parent lives in Broward County, family matters there are handled by the Seventeenth Judicial Circuit’s Family Division, so where a case is filed can depend on where each parent lives.
Once a case is open, expect mandatory financial disclosure, a parenting course for the parents, and mediation before trial in most contested cases. Many Wellington cases are resolved at mediation. If yours is not, a judge decides time-sharing and responsibility after hearing evidence, and may appoint a guardian ad litem or order a social investigation to learn more about each household. If someone objects to a proposed relocation, the response must be in writing and served within 20 days after service of the petition, and a temporary relocation hearing is set within 30 days of the motion. Missing that window can be costly.
How Time-Sharing and Child Support Interact
Parents often treat time-sharing and money as separate fights, but Florida’s formula ties them together. Child support begins with each parent’s net income, which is gross income minus allowable deductions, and the two are added to reach a combined net income. The guideline amount from section 61.30 is presumed correct. For combined net income above the top of the schedule, the statute adds a set percentage of the excess: 5 percent for one child, 7.5 percent for two, and higher percentages for larger families. A judge must give written findings to deviate beyond five percent from the guideline.
The overnights you hold shape the number. Crossing the 20 percent overnight threshold triggers a different calculation, so a schedule that looks only slightly different on paper can shift support noticeably. A parent should understand that effect before agreeing to a plan, and should not bargain away time as a way to reduce support, or press for more overnights only to increase leverage. Judges notice, and the child’s interests remain the governing standard.
After an order is in place, support can be revisited. A substantial change in circumstances is presumed when recalculating under the current guideline produces a figure that differs enough from the existing order, which is the threshold for modifying support. Time-sharing modifications use the separate substantial and material change standard. A parent who has lost a job, or whose child’s needs have changed, should raise it promptly rather than falling behind.
Wellington Custody Questions Parents Ask
Does Florida still award “custody”?
The statutes now speak of parental responsibility and time-sharing instead of custody. People still say custody in conversation, and it describes the same set of issues: where the child lives, who decides, and how time is divided.
Do mothers get preference over fathers?
No. Florida law does not favor either parent based on gender. The court looks at the child’s best interests, and since the 2023 amendments there is a rebuttable presumption that equal time-sharing serves them.
What does the equal time-sharing presumption actually do?
It sets the starting point at an equal schedule. A parent who argues for a different split must present evidence that equal time would not serve the child, and the court must weigh the statutory best-interest factors in deciding.
How long does a custody case take in Palm Beach County?
It depends on whether the parents agree. An agreed parenting plan can be finalized quickly after the required 20-day waiting period following filing of a divorce petition. Contested cases involving discovery, mediation, and a trial take considerably longer, and the pace depends on the court’s calendar and the issues involved.
Can I move away from Wellington with my child?
If a parenting plan is in place, a move of at least 50 miles from your prior residence for at least 60 consecutive days is a relocation under section 61.13001 and requires either the other parent’s agreement or court approval. Moving first and asking later can damage your position.
How do I change an existing time-sharing order?
You must show a substantial and material change in circumstances since the order was entered and that the change you want serves the child. The Legislature removed the “unanticipated” element from the older standard, so the change need not have been unforeseeable.
What if the other parent wants to relocate and I object?
Your objection must be in writing, filed with the court, and served within 20 days after you are served with the relocation petition. A temporary relocation hearing is set within 30 days of the motion, and a nonjury trial within 90 days of the notice, absent good cause, so timing is tight.
Will my work schedule keep me from getting equal time?
Not automatically. Irregular hours, travel, or shift work are common, and courts look at whether you can arrange care and consistency. A realistic plan that accounts for childcare during your work hours is often more persuasive than a claim of unlimited availability.
Do I need a lawyer if the other parent and I already agree?
It is worth having one review the agreement. A parenting plan that seems workable can leave gaps on holidays, travel, school choice, or decision-making, and those gaps become disputes later. The agreement also affects child support, and a lawyer can check the calculation.
Can a domestic violence injunction affect my custody case?
Yes. An injunction can be sought whether or not another case is pending, though the petition must disclose any pending action. A history of domestic violence is also a factor in the best-interest analysis, so an injunction hearing and a time-sharing dispute often influence each other.
Does child support change if I get more overnights?
It can. At 20 percent of overnights, roughly 73 nights a year, the guideline’s time-sharing adjustment applies, and support may be reduced as your overnights increase. The calculation also depends on each parent’s net income and add-ons such as health insurance and childcare.
Serving Wellington Custody Clients Across Palm Beach and Broward County
Williams & Varsegi, LLC represents parents in Wellington and the surrounding Palm Beach County communities, including Royal Palm Beach, Loxahatchee Groves, Greenacres, Lake Worth, Boynton Beach, Delray Beach, Boca Raton, West Palm Beach, Palm Beach Gardens, Jupiter, and Belle Glade. The firm also serves families in Broward County, including Coral Springs and Parkland, as well as clients throughout South Florida. Whether a case sits in the Fifteenth Judicial Circuit or crosses into the Seventeenth, the firm handles the full range of custody, time-sharing, child support, and relocation issues.
Talk With a Wellington Child Custody Attorney About Your Parenting Plan
If you are starting a custody case, defending against one, or looking to change an existing order, a conversation with a Wellington child custody attorney at Williams & Varsegi, LLC can give you a realistic read on where you stand under Florida’s equal time-sharing presumption. The firm takes the time to learn your circumstances and build a plan around them. Call today to schedule a consultation.
