Orlando Child Custody Lawyer
How Is Child Custody Determined in Florida?
The child’s best interests are always the priority when deciding
upon custody. The courts will evaluate several factors that contribute
to this decision, in order to ensure the child has the best chance to
thrive emotionally, physically, and mentally well into adulthood.
These factors include:
- The child’s current home situation
- How each parent plans to financially support the child
- How each parent plans to continue building a relationship with the child
- Whether or not a parent has had trouble with substance abuse or alcoholism
- The child’s educational, religious, or medical needs
- Each parent’s ability to make decisions together on raising their child
If at all possible, the courts will try to seek a joint custody situation
to maintain the child’s relationship with both parents. If the child
is old enough and can reasonably voice his or her concerns, their wishes
will also be considered.
In Florida, the term time sharing is used to describe child custody and
visitation arrangements. Time-sharing orders are issued by a court and
must be adhered to by both parents of a child. If you have a time-sharing
concern or if you’re unclear about how the law relates to you and
your child or children, an
experienced child custody lawyer can help you find a solution to your
family law matter. Let Conti Moore Law, PLLC help you resolve your time-sharing issue.
Conti Moore Law, PLLC now at (407) 315-2006 or
contact us online to consult a child custody lawyer in Orlando.
How Is Custody Modified in Orlando?
Our Orlando child custody attorneys can help you find specific answers
to important questions like:
Is an unmarried mother of a child the default custodian? In many cases, but it depends on the situation.
Does a mother have to let a father see his child? It depends on the situation. When
paternity is established, a father can obtain visitation rights.
How does child support relate to time sharing? Florida courts use formulas to dictate if
child support will be paid, and, if so, how much. We can help you understand how these
formulas relate to your situation.
Why is the Florida Department of Revenue involved in my custody situation? If your child was born outside a marriage, the Department of Revenue may
intervene if benefits are being paid by the state.
Can I increase the amount of time I spend with my son or daughter? In some situations, you can petition a court for
modification of your time-sharing or child custody order.
What if the mother or father of my child is not being cooperative about
custody or visitation arrangements? We can help you pursue enforcement of time-sharing orders if the other
parent is not allowing you to see your child.
How Does Florida Define Unfit Parent?
While defining a parent as unfit for custody is not a decision to be made
lightly, it is important to do so when necessary to protect the best interests
of the child. In Florida, according to Florida Statute 751.05, a parent
is unfit if a parent cannot provide for the care and control of the child.
This includes finding that the parent has abused, abandoned, or neglected
the child. Additionally, a parent might be determined unfit if there is
a history of substance abuse or mental illness.
Additional Child Custody FAQs in Florida
Who pays child support if the parents have equal time-sharing? There are several factors for determining who pays
child support and how much, some of these include: income, percentage of time-sharing,
health insurance, and others costs such as daycare. Generally, if a parent
has a greater percentage of time-sharing, then that parent will often
receive child support.
Can I withhold visitation rights from my ex-spouse if child support is
not paid? No. Visitation (known as “time-sharing” in Florida) and child
support are separate matters that the court decides. You cannot use one
as leverage against the other. Instead, if your ex-spouse has not paid
the required child support, you can petition the court to resolve the matter.
Can I modify the time-sharing orders? It is possible to
modify time-sharing orders if there has been a significant change in circumstances
since the last order. No matter what, modifications must always be in
the best interest of the child.
Are mothers favored in child custody disputes? Mothers used to be favored in custody disputes, especially when the child
is in the “tender years”. However, Florida no longer adheres
to the “tender years” doctrine and does not give preference
to either gender when deciding time-sharing matters.
What are temporary orders? Temporary orders are created when the divorce process has started but is
not yet finalized. This allows certain things to be managed while waiting
for the divorce to be final. Oftentimes, temporary orders become final
once the divorce is official.
Our Orlando child custody attorney can go over the details of your situation
during a free consultation. By better understanding your goals, we can
help you take the steps that will protect your interests. Call today and
Dial (407) 315-2006 or
contact us online now to schedule your free consultation!