Serving Families Since 1996
Family Law Mediators | Collaborative Law Over 25 Years Serving Southwest Florida (239) 334-0075
Serving Families Since 1996
TRUST • COMMITMENT • INTEGRITY
TRUST • COMMITMENT • INTEGRITY
Many parents in Fort Myers, Cape Coral, and Naples come to us asking how to “get full custody,” but Florida law doesn’t define custody the way most people think. What most call “full custody” is legally referred to as sole parental responsibility, and courts grant it only in limited, serious circumstances. If you are considering pursuing full custody, you need to understand what Florida courts require, what evidence they expect, and what risks come with that request. At Bergermann Law Firm, located in Fort Myers and serving Cape Coral and Naples, we guide parents through these high-stakes custody issues with clarity, legal grounding, and strategic focus. Below are five of the most frequently asked questions we answer about full custody in Florida.
Florida no longer uses the term “custody” in its legal code. Instead, it refers to parental responsibility and time-sharing as defined in a Parenting Plan. “Full custody” typically means sole parental responsibility, where one parent has the exclusive right to make major decisions about the child’s education, healthcare, religion, and overall welfare. It also may involve the child living primarily or exclusively with one parent, with limited or supervised time-sharing for the other. Courts in Fort Myers, Cape Coral, and Naples only grant sole parental responsibility when shared decision-making would clearly harm the child or create instability.
Florida courts begin with a presumption that shared parental responsibility is best for the child unless proven otherwise. To override this, a parent must show that the other party poses a risk or is incapable of co-parenting effectively. This often includes evidence of domestic violence, substance abuse, severe mental health issues, neglect, or refusal to communicate in good faith. Allegations alone are not enough, the court requires verified reports, documentation, or expert testimony to justify restricting one parent’s rights. We help our clients prepare this evidence carefully and present it through the right legal channels.
Yes. If the court finds that unrestricted contact with one parent would endanger the child, it may limit or supervise time-sharing. This does not happen automatically, even when sole parental responsibility is granted. A parent seeking to restrict the other’s contact must show that doing so is necessary to protect the child’s emotional or physical well-being. In Fort Myers, Cape Coral, and Naples, courts take these requests seriously and will expect detailed evidence of harm, not just personal opinions or conflict. We craft every time-sharing proposal around safety, structure, and compliance with Florida family law.
Florida courts may consider the child’s preference, but only if the child is mature enough to express a reasonable, informed opinion. The court will also weigh how the preference was expressed, whether it was influenced, and whether it reflects genuine concern or emotional manipulation. Judges in Fort Myers, Cape Coral, and Naples do not base full custody decisions solely on what a child wants. However, in certain cases, a child’s testimony may support or strengthen a claim for sole parental responsibility. We advise our clients on whether and how the child’s voice should be introduced in the legal process.
Yes, but only under very specific conditions. Once full custody is granted, the parent seeking to change it must prove a substantial, material, and unanticipated change in circumstances that affects the child’s best interest. This is a high legal bar, and Florida courts apply it strictly. If the other parent has improved their stability, completed treatment, or addressed the issue that led to restriction, the court may reconsider the original order. We help clients either defend full custody decisions or challenge them, depending on the facts, legal standing, and long-term safety of the child.
Seeking full custody is not about punishing the other parent, it is about protecting the child from serious harm, chaos, or repeated breakdowns in co-parenting. At Bergermann Law Firm, located in Fort Myers and serving Cape Coral and Naples, we help parents present strong, evidence-based arguments that meet Florida’s strict legal standards for sole parental responsibility. The court expects you to prove your case, not just speak from frustration or fear, and we help you build that proof step by step. Call (239) 334-0075 to discuss full custody with a legal team that knows how to protect your child and present your case with strength.