Children are the greatest gift of marriage, making them a primary concern when parents have no other option but to divorce. Since each caring parent would want to maintain a strong connection with the kids, a child custody battle may arise.
The struggle and tension involved can result in stressful experiences and emotional turmoil, especially if you are unsure what to expect. And that’s why you need an experienced child custody attorney in Miami, Florida.
A lawyer ensures your child’s best interests are prioritized and helps develop a parenting plan that works for both parents. Contact an experienced Miami custody lawyer from Miamidadefamily.com for consultation. Your child deserves the best.
Understanding the Child Custody Process in Florida
In Florida, a judge decides on child custody cases. State laws DON’T give any preference to either parent but focus on the child’s best interests. So, the question “how do I get custody of my child in Florida” depends on whether it’s in the child’s best interest for you to get custody.
Florida has several types of child custody:
- Physical custody allows you to live with the child and handle day-to-day care. This custody gives you primary residential care.
- Legal custody gives you the right to decide crucial matters on the child’s behalf, such as healthcare and education.
- Sole custody gives one parent parental responsibility for the kid with or without time-sharing with the other parent. Sole custody gives you both physical and legal custody, but you only get it if it’s in the child’s best interest.
- Joint (shared) custody refers to shared parental responsibilities. The court may grant one parent the ultimate role over specific aspects of the kid’s well-being or divide the responsibilities between the parents. With joint custody, both parents remain the natural guardians, and each can make decisions on behalf of the minor child.
The custody you get depends on the specifics of your case and what’s best for the child. A child custody attorney can leverage negotiation skills and experience to argue your case and ensure your get the best possible results.
What Determines Child Custody in Florida?
After divorce, parents are left with many questions:
- Who gets primary custody in Florida?
- What determines primary custody?
- Is Florida a dad or mom state?
Child custody in Florida depends on what the court will decide. Most importantly, the state doesn’t favor any parent, regardless of gender. The child’s best interests prevail. Factors that determine child custody in Florida include, but are not limited to:
- A parent’s desire and ability to care for the minor child(ren)
- Each parent’s physical and mental fitness
- Moral fitness
- Proven knowledge of the child’s friends, daily activities, doctors, favorite things, and teachers
- Evidence of child abuse, neglect, and abandonment
- Proof of sexual or domestic violence
- Capacity to follow up on the child’s school and extracurricular activities
- Ability to keep the child in a safe environment free from drugs
- The ability to keep the other parent updated on the child’s life
- The ability to provide the child with a daily routine, such as specific time to do homework, bedtime, and discipline
- The ability to protect the child from sensitive matters, such as the ongoing custody case
- Anything relevant to the case
A Miami custody lawyer can help prove why you’re the most suitable parent to get custody. Contact an experienced Miami custody lawyer from Miamidadefamily.com to evaluate your case and help you get the best possible results.
What If Both Parents Agree on Custody?
While parents can agree on custody, the court must approve the agreement. However, agreement by both parents makes everything easier and the situation less stressful. Instead of a trial, the judge will only check the agreement to ensure it doesn’t violate Florida laws and policies.
A family law attorney can help you create a parenting plan that’s best for your kid and works for both parents. This will speed up things to avoid wasting time in court and save money associated with cases that drag on for months or years.
Can the Child Choose Which Parent to Live With in Florida?
The court can consider the child’s desire to live with the father or mother. However, the child’s reasonable preference is only viable under specific conditions. The judge will decide whether the child is sufficiently intelligent, knowledgeable, and experienced to choose who to live with.
What Is a Parenting Plan in Florida? (And How It Works)
The child’s best interest guides every legal decision in the custody case, including parenting and time sharing. A parenting plan outlines how you will share the parental rights and responsibilities of bringing up your minor child. It shows time-sharing schedules, the specific amount of time each parent will spend with the child.
Both parents create the plan and must be on the same page regarding its content. The court will develop a parenting plan if parents disagree or make a plan the law doesn’t approve. That’s why you need reliable legal guidance from an attorney to ensure the parenting and time-sharing schedules are tailored for both parties instead of a general plan made by the court.
Here are the basics things that must appear in your parenting plan.
- You must adequately explain how the parties will divide responsibilities and daily tasks of raising the child.
- The plan must include a detailed time-sharing schedule that specifies the child’s time with each parent.
- You must outline how you will communicate with the child. What means and technologies will you use?
- Who will be responsible for the child’s school-related matters and health care?
Remember, the best interests of the child are paramount. And that’s what the court will consider when evaluating and approving your parenting plan in Florida. A child custody attorney helps you create an adequately detailed plan for fast approval by the court.
Winning a Child Custody Case in Miami, Florida
Does Florida favor mothers in custody cases? What does a judge look for in a child custody case in Florida? How can a parent lose a custody case in Florida?
First, Florida laws don’t favor any gender in custody cases. The details of your situation determine who wins the child custody. Any parent can be found unfit if they are violent, have a history of abusing children or have anything that paints poor parental skills.
So, what does it take to win a child custody case? All it takes is proving that it’s in the child’s best interest to live with you rather than the other parent. A child custody lawyer can show the judge why you should get custody. Contact an experienced Miami custody lawyer from Miamidadefamily.com for a consultation.