Miami Child Custody Attorney
Whether you’re the mother or father of a child, you have equal rights with your co-parent in Miami child custody matters.
Florida family law does not have any preference for mothers or fathers. It instead ensures that the best custody arrangements will be made based on every case’s particular facts and circumstances.
And although lawyers are not required to settle child custody cases, Miami Divorce Attorneys knows our legal expertise can greatly help parents. We can guide you to meet all legal requirements for child custody and ensure your case is presented well in court.
We will ensure that as much as your parental rights are protected and exercised, your child’s well-being will be properly taken care of.
Ultimately, our goal is to give your child the best chance to have a good family life despite their parents’ separation.
Call Miami Divorce Attorneys today at (786) 321-9064 for your Consultation with a Miami Child Custody lawyer!
Miami Child Custody Laws
Florida custody law recognizes the importance of parents’ consistent and frequent connection with their child.
This means neither the mother nor the father has the automatic advantage in obtaining primary custody. Instead, the judge will issue a parenting plan where terms are tailored to the specific needs of the children involved and the circumstances of the family.
Child custody battles can be settled through mediation or, if no agreement is met after mediation, through a court hearing. Either way, the judge will have the last say and evaluate the parenting plan to ensure it’s in the child’s best interests.
Timesharing, decision-making rights, and parental responsibilities should be properly outlined in the plan—ensuring that it’s fair to both parents and best for the child’s development.
Parenting Time or Timesharing Schedules
The judge will approve timesharing schedules including the visitation details such as the time spent by the child with each parent. Since Florida family law is impartial to either parent, it’s easy for many cases to have equal parenting time or ‘joint custody’ as in other states. However, majority timesharing or ‘sole custody’ can also be ordered.
Moreover, if the child’s safety is in question, the judge can also order supervised timesharing. And if a parent was proven to have committed domestic violence, child abuse, abandonment, or neglect, they will be stripped of their timesharing and visitation rights.
Parental Responsibility or Decision-making Authority
Each parent’s right to decide for the child is another aspect that will be decided in a child custody case. This will clarify who can decide or how final decisions can be made regarding medical, educational, religious, and legal matters. While Florida custody law favors shared parental responsibility as much as possible, the judge may grant the sole decision-making power to one parent if there’s evidence that a shared one will not be best for the child.
Additionally, even if the court issues shared parental responsibility, parents will be named as either custodial (primary) or non-custodial (secondary) parents. The custodial parent tends to have more parenting time and—in the event that a mutual agreement can’t be met—will have the final say in certain decision-making issues.
Determining Child Custody
Parenting Plans in Florida
Each parent is required to submit their proposed parenting plan. They need to show the timesharing schedule and parental responsibilities that they believe to be fair in a detailed manner.
If you and the other parent can’t agree, the final terms will depend on the judge’s discretion. On the other hand, if an agreement is already met during mediation, the single, agreed-upon parenting plan will then be submitted to the court for the judge’s approval.
Our Miami child custody lawyer can help you prepare your proposed parenting plan. We will ensure that all the necessary details are clearly stated, including the following:
- Proposed shared responsibilities in daily parenting tasks
- Proposed timesharing schedules
- Designated school and addresses for other child activities
- Communication plan between parents with regard to their child
- Designated parent for health care and school-related responsibilities
Factors in Determining Miami, FL Child Custody
You should also remember that at the end of the day, the judge will rule in favor of a parenting plan that best benefits the child(ren) involved. This means that, above all, the parenting plan should be tailored to meet all of the child’s needs when it comes to their physical, mental, and emotional development.
So in every Florida custody case, the following factors will be carefully examined by the judge to arrive at the best ruling:
- Each parent’s willingness and ability to meet the child’s needs
- Each parent’s willingness to create a meaningful connection with the child and foster a relationship with the other parent for the child’s sake
- Each parent’s physical and mental state
- Each parent’s moral fitness
- Each parent demonstrated the capacity and disposition to get involved in the child’s school and extracurricular activities.
- Each parent’s ability to give a consistent routine to the child
- Each parent’s ability to provide the child with a safe and stable environment
- Each parent’s ability and willingness to act upon the child’s needs before their own needs and desires
- The reasonable preference of the child (if they are of sufficient age and understanding)
- Home, school, and community records and adjustments of the child
- The child’s developmental age, needs, and abilities
- Evidence of domestic violence, child abuse, abandonment, or neglect (if any)
If you want to know more about how the legal system determines child custody, don’t hesitate to call us. Our Miami, FL law firm will gladly walk you through the process and offer smart legal advice for your particular situation.
Custody Modification & Enforcement
Once the court issues the final child custody order, the parents are legally bound to follow its specified terms until the youngest child involved reaches the legal age of 18 or when the order is changed due to reasonable circumstances. Once a significant change calls for modification in the parenting plan, you can file a request before the court.
Our Miami child custody lawyers can help you with the paperwork and ensure that the modified terms will be best for your child’s current needs. However, remember that only reasonable causes will be accepted by the court to warrant modification. Generally, three main reasons will make a judge consider modifying a child custody order. These include:
(1) both parents’ agreement to modify the original arrangement,
(2) an injunction for protection against domestic violence that’s filed against a parent, and
(3) a significant change in a parent’s ability to meet his originally ordered parental responsibilities.
Talk to Our Legal Experts Today
If you want to ensure that your child custody concerns will be addressed in the best way possible, acquire the legal assistance of our expert Miami child custody lawyers. Miami Divorce Attorneys is a passionate advocate for every child’s well-being and dedicates our family law expertise to protecting the welfare of our clients and their families.
We offer a consultation where you can tell us your specific child custody issue and allow our team to offer professional insight. Once you decide to continue your legal battle with us, rest assured that we’ll do our best to protect and exercise your rights as a parent while looking after what’s best for your child at the same time.
Call Miami Divorce Attorneys today at (786) 321-9064 for your Consultation with a Miami Child Custody lawyer!