Custody/Time-Sharing

Protecting Parental Rights

Child custody disputes take an emotional toll on both parents and children. In Florida, the court’s main objective is to approve a parenting plan that divides the responsibilities. Though every family is unique and faces unique challenges, the court puts the best interests of the children first during custody and support cases.

Carl T. Boake, P.A. attorneys not only help accomplish the court’s goal and your goals, but we do so in a way that protects your future relationships with your children.

How Florida Courts Determine Child Custody

Family courts in Florida have moved away from concepts such as joint custody, sole custody, and visitation. Instead, when parents divorce, or are unmarried to begin with, the court prefers a shared parenting plan. In this arrangement, both parents have contact with the children and make decisions on their well-being.

However, shared parental responsibility becomes problematic when:

• The parents do not get along
• The parents are unable to come to an agreement on their own
• One of the parents believes that the other will be irresponsible, negligent or abusive

This is where child custody battles often become contentious and ugly. Time for court intervention. When awarding child custody, Florida courts consider several factors, including:

• The age of the children and, if old enough, their preference
• The children’s health and safety
• Continuity and stability of the children’s education and living arrangements
• Each parent’s living situation and ability to provide
• Parents’ willingness to communicate and co-parent
• Each parent’s relationship with the child prior to divorce or separation

Protecting Your Custody Rights

Our family law firm helps mothers and fathers pursue positive child custody resolutions through negotiation and mediation when possible, and litigation when necessary. We take a personal approach to every case, offering tailor-made solutions, including enforcement of custody and visitation arrangements.

If you have questions about your rights, how to secure custody or you have outgrown your current custody agreement, Call Carl to set up a case evaluation.

Is There Ever An Age Where A Child Can Have Input On Who He Or She Will Live With?

The primary factor for custody decisions is determining what is in the best interests of the child. The law does permit the child to express their preference if they are of sufficient age and maturity, which typically means in their teenage years.

Will My Child Ever Have To Appear In A Florida Court?

This is a rare occurrence. Everyone involved knows that court can be stressful and it is not necessary to put that stress on a child. Typically, it is not helpful to place a belief in the child that they are a decision maker.

Can Custody And Visitation Be Changed As A Child Ages?

Timesharing is always subject to modification based upon a change of circumstances.

For example, children’s patterns and activities tend to change as they get older, and this may justify a change in timesharing to optimize their upbringing.

I Want To Relocate With My Child In Another State Or County. Will A Florida Court Grant A Petition To Relocate?

There are three main things to keep in mind when considering a Petition to Relocate:

• Relocation away from the other parent usually has a high standard to show justification, but it does occur.
• It is easier for a parent to maintain a long-distance relationship with an older child than with a younger one.
• If a parent has a significant employment opportunity that requires relocation, that will often benefit the child as well and will be considered by the court.

For more information on Child Custody Issues In A Florida Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (727) 896-4674 today.