Child Custody Experience You Can Trust, Support You Can Count On

Fort Walton Beach Child Custody Lawyer

Divorce can be an emotional time, and few things can bring those emotions out than what happens to the children. Where will the kids live? Who will make important decisions in their upbringing? How will visitation be set up? These are just the most prominent of the many questions that have to be resolved. Having the guidance of an experienced lawyer to negotiate a fair child custody agreement that protects both your parental rights and your children's best interests can make all the difference.

Henderson Law Firm P.A. serves the Fort Walton Beach area with an exclusive focus on family law, providing personalized counsel that is strategic, steady, and based on the circumstances of your unique situation.

Reach out to our office today by calling (850) 920-8959.

The 50/50 Presumption: Why Your Child’s Schedule Isn’t "Automatic"

As of July 2023, Florida law introduced a rebuttable presumption that equal time-sharing between parents is generally in a child’s best interest. Many parents fear this means a default 50/50 schedule will be imposed, no matter the circumstances.

The truth is that a presumption is just a legal starting point. It can be adjusted when evidence shows a different arrangement better serves your child. Our lawyer helps parents navigate this process, protecting your child’s routine while advocating for a schedule that works for your household.

The Definition: What is a Rebuttable Presumption?

A rebuttable presumption means the court begins with the assumption that equal time-sharing is appropriate, but that assumption can be challenged. A presumption is not a mandate.

With proper evidence, the court can rule in favor of a customized schedule that truly reflects your child’s best interests. Whether one parent works a demanding military schedule or lives farther from school and extracurriculars, judges carefully consider each factor, so the presumption might be overcome with sufficient evidence.

The Burden of Proof: "Preponderance of the Evidence"

Challenging a 50/50 assumption requires clear, convincing evidence. Legally, the parent seeking a different schedule must demonstrate that an alternative arrangement is “more likely than not” to better serve the child. This is known as the preponderance of the evidence standard.

Our lawyer understands how to develop the necessary evidence, including school records, medical logs, and expert witness statements, to build a compelling case that meets Florida’s legal threshold.

Tactical Ways to Rebut the Presumption

Judges evaluate several “best interest” factors when determining if a 50/50 schedule is appropriate. Here are a few examples:

Logistics and geography. If parents live far apart, a true 50/50 schedule may be physically impractical. Courts consider commuting time, school proximity, and extracurricular needs.
Stable environment. Maintaining consistency is critical for children. If one parent provides the primary routine while the other has unpredictable work hours, the court may adjust the time-sharing plan accordingly.
Safety and fitness. Evidence of substance abuse, domestic violence, or neglect can immediately rebut the presumption, protecting the child’s welfare and well-being.

Our lawyer combines experience with a hands-on approach, ensuring that every relevant factor is presented clearly, professionally, and persuasively to the court.

Protecting Your Child’s Best Interests with Confidence

Custody disputes are challenging, but you don’t have to face them alone. Henderson Law Firm P.A. offers virtual consultations and bilingual support in English and Spanish, making it easier to access trusted legal counsel on your schedule. Conveniently located in the heart of the Eglin Parkway corridor, our office offers easy access for clients in Fort Walton Beach, Niceville, and throughout the Emerald Coast.

Call (850) 920-8959 or contact us online today.

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Why Choose Henderson Law Firm P.A.?

Work With a Firm Who Provides Honest, Experienced Counsel

Trusted Family Law Expertise
Experienced legal guidance you can rely on. With over a decade of focused practice in Florida family law, Clark Henderson has represented hundreds of clients in complex cases involving divorce, child custody, paternity, and more, giving clients confidence that their case is in knowledgeable hands.
Personalized, Caring Representation
You’re treated with humanity, not like a case number. The firm emphasizes thoughtful, respectful, and individualized attention, taking the time to understand each client’s unique situation and clearly explain options and next steps.
Clear Communication & Support
Responsive and accessible when it matters. Client reviews and site messaging highlight consistent communication, including timely responses and availability, which helps reduce stress and uncertainty during difficult legal processes.
Proven Recognition & Credibility
Awards and high professional ratings reflect quality. The firm displays multiple accolades and high attorney ratings, signaling industry recognition and a track record of strong client outcomes.
Providing Service in Spanish

Legal guidance should be accessible and easy to understand. Spanish-speaking services are available to ensure more families can receive clear, effective representation.
Exclusively Handle Family Law

The firm focuses exclusively on family law matters. This dedicated focus allows for deeper knowledge, stronger strategies, and more effective advocacy for clients facing divorce, custody, and other family issues.

Real Experiences

Helping Clients Move Forward with Confidence

"One of the best attorneys in the county"
He was amazing! The dissolution process is excruciatingly slow (no fault of his or his office) but he did an absolutely excellent job on my case. Often people believe that their family law attorney is at fault for any issue in the process, but he is very knowledgeable about the law and the process, and he’s one of the best attorneys in the county. Lori is also just so great to work with as well! She’s so kind and professional. His firm put me in an excellent position during the pendency of my case. I highly recommend his firm.

- Nel S.
"Communication was outstanding"
Highly impressive! I would recommend Mr. Clark Henderson to anyone in need of a good lawyer in this area. He is very knowledgeable, and he did an excellent job concerning my family divorce case. The communication was outstanding. All emails were answered in a very timely manner. Clark handled all of my questions and concerns with true professionalism, and I always felt like he genuinely cared about my case and my well-being. I will definitely hire him again if the need arises in the future!

- Jillian G.
"The best and most knowledgeable lawyer"
I wish I had known Mr. Clark Henderson when I was filling my divorce. I wouldn’t have wasted my time and money. I went through so many lawyers, and to be honest, they are NOT good. Mr. Henderson is the best and most knowledgeable lawyer I have ever met. He is very professional, he listens to you and answers all your questions and concerns you have. He helped me through my case until it finished. He also gives you advice on what is the best thing you can do, and he has so many options for you to choose from. Everyone, this is my honest review: if you are going through a difficult family matter, he is the right lawyer for you. You would not regret letting him represent you and your case. Thank you so much Mr. Henderson.

- Sophia S.
"A great attorney"
Mr. Henderson was a great attorney. I was out of the country when I first reached out and got a response immediately from him, even though it was about 10 pm locally. His professionalism and presence was top notch. Mr. Henderson and Ms. Lori were very helpful and friendly. They both went over and beyond what they had to do for the custody case. They helped comfort my son after everything was over. This office made me feel very comfortable and confident from the very beginning. We were in constant contact through the case. I truly cannot thank them enough. I highly recommend Mr. Henderson.

- Will M.
"Extremely helpful firm"
Very professional and extremely helpful firm. It's nice to know there are people that still do what they say. My case was settled in my favor and the price was reasonable. If I ever need representation again, Henderson Law will be my first call.

- Joey F.
"I recommend him 100%"
You will be glad Clark is by your side. He will guide you through, probably, the most difficult period of your life. His guidance, assurance and no-b.s. approach helped make me feel prepared to take on what needed to be done. I recommend him 100%.

- Lynn B.
"Attentive, meticulous, and caring"
Clark is one of the best attorneys I have ever worked with and he is certainly not the only one I have worked with. Clark was attentive, meticulous, and caring when trying to get information related to my specific issue. He was willing to help and provided the best legal guidance possible given my situation. He not only followed-up with through his secretarial staff ,but also made himself personally available for contact. I knew that I could reach him any time of day/night and receive a response and he was true to his word with a 24-hour response time. I plan to use his services again if needed; 5/5 recommendation.

- C.S. Shen
"I’m overjoyed by the outcome"
Clark did an excellent job representing me in my divorce and child custody case. Emails were timely, and discussions were effectively communicated. Clark was authentic and only advised/provided me with realistic expectations. I’m overjoyed by the outcome of the case - thanks to Clark! You will not be disappointed by choosing Clark Henderson to represent you.

- T.G.