When two parents get divorced, there is much more at stake than who will take possession of the family car. The fate of the most innocent and dependent family members, the children, has to be decided — and usually, the only neutral and fair way to do so is through the court system. Legal dissolution of marriage is useful for not only separating assets, but also for deciding what will happen to the kids.
For most divorcing couples, child custody is the most serious issue they face.
Child Custody Lawyers
In child custody cases, dourts consider the well-being of children first, and parental arguments second. If one parent is awarded sole custody of a child, it is that parent’s responsibility to make sure that the child gets the best possible health care, education, and upbringing possible — everything that they would otherwise have in an environment with both parents. That parent is charged with making the most significant decisions for the child’s young life.
In many cases, the parents agree to share custody of the children. This is a way for the children to see both parents if desired. The ultimate goal of a child custody agreement is to make sure that children have the most secure, healthy, and stable environment as humanly possible despite the painful divorce their parents have chosen. A custody agreement will work in conjunction with any active parenting plans or time sharing arrangements, including 50/50 parenting plans in Miami, so a lot of planning is involved in drafting these agreements.
There are different types of child custody plans that cover the many different situations in which divorcing couples may find themselves. If you need help determining which type of child cutody might apply to your situation, contact our law firm.
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Child Custody Battles
Florida custody laws are put into place for this precise purpose. These cases usually involve alimony or child support, and family law attorney Theodore Enfield is experienced with dealing with a wide range of alimony and support negotiations, from temporary modifications to reductions of such. He is also experienced with child custody and family negotiations as well. He gives assurance, goodwill, and level-headed counsel for anyone in need of representation.
The following are some of the most important factors Florida courts consider in making a decision on a child custody case:
- The ethics of the parents.
- The health, both mental and physical, of the parents.
- The child’s records and reputations in school, at home, and elsewhere.
- The preferences of the child.
- Whether the child is intelligent, understanding, and experienced enough to have a valid preference.
- Any abuse, whether physical, emotional, sexual or otherwise, even neglect (regardless of whether or not a case regarding those circumstances has ever been brought forward) has occurred.
- The ability of the parents to protect the child or children from physical or other harm.
- The ability of the parents to protect them from ongoing litigation (legal proceedings).
- And the schedule and time availability of each parent.
Overall, child custody law is designed to consider all factors, then award custody to the parent who is most capable of giving the children everything they need to live healthy, balanced, and safe lives. The court will also address whether both parents are present in the life of the child, or if the need to establish paternity is required. In addition, a child custody evaluation may be necessary in order to determine the best interests of the child. Parents can choose to involve an evaluator, or the courts may order the involvement of a child custody evaluator based on the circumstances of each individual case.
If you are going through a divorce with children, contact the Law Offices of Theodore H. Enfield in Miami for experienced, knowledgeable representation.