Sole Custody

At Bergermann Law Firm, we help parents in Fort Myers, Naples, and Cape Coral navigate custody battles with confidence. A custody battle isn’t just about legal arguments—it’s about your child’s future. If you’re fighting for sole parental responsibility, you need more than hope. You need facts, strategy, and a clear understanding of the law. Below we answer five of the most pressing questions about custody in Florida, giving you the knowledge to protect your rights and your child’s future.

What Does Sole Custody Actually Mean In Florida?

Many parents think ‘sole custody’ means total control and zero contact with the other parent. Florida law takes a different approach. The legal term is sole parental responsibility, and it gives one parent the exclusive right to make major decisions about the child’s life, including education, healthcare, and religious upbringing.

But losing decision-making power does not always mean losing access to the child. Florida courts can still grant time-sharing to the non-custodial parent, depending on the circumstances. So, what determines whether a parent is granted sole responsibility?

Who Can Get Sole Parental Responsibility?

Courts in Florida do not favor one parent over the other without clear, compelling reasons. Florida courts start with the assumption that both parents should share decision-making. The burden is on the parent seeking sole responsibility to prove otherwise—and the standard is high.

Here’s what can lead to sole parental responsibility being granted:

• A history of domestic violence or abuse—Any past incidents are taken seriously and can be grounds for limiting parental rights.
• Substance abuse that endangers the child—Proven drug or alcohol addiction can lead to sole parental responsibility being awarded to the other parent.
• Severe mental health concerns—If a parent’s condition puts the child in harm’s way, the court may restrict their decision-making rights.
• Neglect or abandonment—Failure to provide basic care, supervision, or emotional support can impact custody decisions.

Evidence is everything. If you are seeking sole parental responsibility, you need to prove that shared parenting would place your child at risk. Without solid proof, the court will likely default to shared responsibility.

Does Sole Parental Responsibility Mean No Visitation?

Many parents believe that if they win sole parental responsibility, the other parent will be completely removed from the child’s life. In most cases, that is not true.

Losing decision-making rights doesn’t always mean losing time with the child. In many cases, courts still allow visitation, unless clear evidence shows it would put the child at risk. In high-risk cases, visitation can be restricted or supervised. If the situation is extreme—such as cases involving severe abuse—the court may terminate visitation altogether.

Florida courts do not take away parental rights lightly. Every decision must be backed by evidence and made with the child’s best interests in mind.

Can Custody Orders Be Changed Later?

Yes, but modifications are not easy. Once a court order is in place, the parent requesting a change must prove there has been a significant and unexpected shift in circumstances.

Here are some situations where a custody order might be modified:

• The parent with sole parental responsibility is no longer fit to care for the child.
• The other parent has demonstrated improvement, such as completing rehab or securing stable employment.
• The current arrangement is no longer in the child’s best interests due to major life changes.

A judge will not make changes just because one parent is unhappy with the original ruling. There must be clear, documented proof that modifying the order is necessary for the child’s well-being.

What Factors Do Courts Consider When Deciding Custody?

Florida law requires judges to prioritize the best interests of the child in every custody decision. That phrase gets used often, but what does it actually mean?

Judges evaluate multiple factors, including:

• The stability of each parent’s home—A secure and supportive environment is critical for the child’s development.
• Moral and ethical fitness—Judges consider whether a parent’s behavior could negatively impact the child.
• Physical and mental health—If a parent’s health prevents them from providing proper care, it may affect custody.
• The child’s preference—If the child is old enough to express a reasonable preference, the court may take it into account.

Florida law does not favor one parent over the other based on gender or financial status. The court’s only focus is what will provide the child with the best possible future.

Protect Your Parental Rights

Winning sole parental responsibility isn’t automatic. It’s a legal fight that requires strategy, evidence, and an attorney who understands how to present your case effectively. Don’t wait until it’s too late. At Bergermann Law Firm, we fight to protect the rights of parents in Fort Myers, Naples, and Cape Coral who want what is best for their children. The decisions you make today will shape your child’s future. Call (239) 334-0075 now to schedule a consultation.