Wesley Chapel Child Custody Lawyer
Child custody is a sensitive matter. Parenting is difficult enough when both parents are living together and making cooperative decisions about how to raise their children. However, when a divorce occurs, there can be disagreements about who is a better parent for the children, who will be able to provide more stable support, and whose rules are better to follow. Often the mother has an easier chance at obtaining child custody. However, Florida Today reported that Florida is one of the best states for divorced dads who want to get shared custody of their children. Nationally, a father is likely to get about 35 percent of child custody time, but in Florida they are likely to get 50 percent of the child custody time. If you are in the midst of a divorce and want to ensure a fair agreement is reached regarding child custody, contact our Wesley Chapel child custody lawyers at The Law Office of Laurie R. Chane.
Types of Child Custody
The following are the types of child custody in Florida, depending on the circumstances of your case.
- Sole legal custody—One parent has all decision making power over the child;
- Shared legal custody—Shared legal decision making between the parents;
- Sole physical custody—The child only lives with one parent (the parent with sole legal custody);
- Shared physical custody—The child lives with both parents, both of whom may have shared legal custody. Physical custody is not always split evenly; and
- Visitation—The parent with visitation has court-allocated time to spend with the child.
How Child Custody is Decided by the Court
In many cases, child custody agreements are made outside of the courtroom, by the parents themselves and their attorneys. Through direct discussions, or through mediation, many of the most heated child custody disputes can be resolved without going before a judge. However, this is not always possible. Sometimes, taking the matter to court is the only option. If this is the case, the judge will make a decision in the child’s best interests. The court will use the following characteristics, within Florida Statute 61.13, to make its decision:
- Capacity each parent has to encourage a close relationship with the child, honor the time sharing schedule, and be reasonable when changes are necessary;
- Anticipated division of parental responsibilities following litigation;
- Ability of each parent to act on the needs of the child;
- Geographic location of the parenting plan;
- Moral fitness of each parent;
- Health of each parent;
- Community needs of the child;
- Demonstrated ability of each parent to be involved in the child’s school and extracurriculars;
- Evidence of domestic violence of child abuse;
- Ability of each parent to provide a consistent, routine for the child;
- Child’s preference, if old enough; and
Contact a Wesley Chapel Child Custody Lawyer Today
Child custody is important to building a strong and lasting relationship with your child. At The Law Office of Laurie R. Chane we understand the challenges of creating a child custody plan that both parents agree to and will work diligently to make sure that the outcome in your case is in your child’s best interests and your. Contact us at 352-567-0055 to schedule a consultation today.