Protect Your Child’s Best Interests With Our Child Custody And Time-Sharing Attorneys
When a couple decides to get a divorce, one of the most crucial issues is child custody. Parents must work together to prioritize the child’s needs and best interests. In Florida, the most pressing issues you need to address are the time-sharing schedule and decision-making responsibilities. Our child custody lawyers at Peak Legal can help while advocating for your child’s well-being.
Child Custody And Parenting Plans
We thoroughly understand the Florida child custody process. Our work revolves around the essential need for parents to spend time with their children after divorce. Generally, each parent will get 50% time sharing with the children if there are no extenuating circumstances. The court requires parents to submit a parenting plan that outlines the time-sharing schedule, decision-making responsibilities and other key arrangements.
If the parties cannot agree on the details of the parenting plan, the court will decide. In a difficult divorce, one parent might not agree with the other’s suggestions, leading to conflicts that could negatively impact the child’s well-being.
Types Of Child Custody In Florida
There are two main types of child custody: physical and legal. Physical custody determines where the child primarily resides. Legal custody, also called parental responsibility, involves major decisions about the child’s upbringing.
Courts typically prefer awarding shared legal custody and shared physical custody, as it benefits the child to have frequent time with both parents and for both parents to be involved in major decisions regarding the child’s upbringing.
Prioritizing Your Child’s Best Interests
Our top priority in every child custody matter is protecting the child(ren)’s best interests. However, it is not just us – this is also the court’s ultimate guiding principle when determining custody. The court emphasizes the child’s best interests, considering factors like:
- Each parent’s ability to provide for the child’s needs
- The stability of each home environment
- Any history of substance abuse or spousal/family violence that could put the child at risk
The court may deny a parent custody rights if they have a history of mental illness, substance abuse, child abandonment or neglect.
Frequently Asked Questions About Miami Child Custody
If you’re going through a divorce or you’re unmarried, and you have kids, child custody is bound to be one of the most difficult issues to navigate. We understand that you have many questions, and we want to help answer them for you. Below are some of the most common concerns we hear from clients that we believe will give you more information to get started. For further inquiries, contact our firm today.
What is the new parental rights law in Florida?
The new “Shared Parental Responsibility After Establishment of Paternity” law went into effect in July 2023. Prior to this law, the legal guardianship of a child born to unmarried parents was typically defaulted to the mother, meaning a mother has the right to make significant decisions about a child’s life, including their education, religious upbringing and health care, without input from the father.
The Shared Parental Responsibility law aims to ensure that both the mother and father of a child share equal parental rights and responsibilities. A father must establish paternity of the child before he is able to acquire these rights, and the new law has simplified this process by eliminating the need to go to court. Instead, a father can establish paternity through a notarized voluntary acknowledgment of paternity.
To further understand the new law and how it may impact your case, our attorneys always stay up to date with changing laws and can help you navigate this process.
At what age can a child decide who they want to live with in Florida?
Florida law does not specifically state a certain age at which children are able to decide who they want to live with during custody matters. It is generally left up to a judge to determine whether a child is old enough to understand the situation and the decision they’re making by stating their preferences. A child’s preference is only one factor among many that a judge considers when deciding custody. The older a child is, the more likely their preferences will be taken into account.
Do I have to pay child support if I have 50/50 custody?
The short answer is, yes, you do. In Florida, both parents are financially responsible for their minor children, and this applies even if you have 50/50 custody with your co-parent. Child support payments are generally determined by considering the total income of both parents, the percentage of the total income each parent pays, the number of children and the amount of parenting time each parent has. In cases where parents share 50/50 custody, it’s still possible for a parent who doesn’t have primary physical custody or a parent who has a higher earning percentage to pay support to the other parent.
However, every case is different. To understand whether you are eligible to pay or receive child support, it’s best to consult with a skilled family law attorney.
Our Experienced Child Custody Attorneys Can Help
We understand how high the stakes are when determining child custody and time sharing. You can rely on us to fight for an outcome that allows you to maintain a healthy, loving relationship with your child while providing them with stability.
If you are facing a complex child custody dispute, contact us by phone at 305-697-1375 or through our online form.