Community Law Firm

Child Custody

Child-Custody

Child custody is one of the most controversial issues in a divorce or separation. When two parents of a child decide that they will no longer live together, the question on everyone’s mind is: with whom will the child live? At 850-CALL-JOE, we seek resolutionswhere parents jointly make decisions on issues involving children outside of court, and work together to create an agreement or a parenting plan.

A parenting plan is now required in every case This parenting plan must define, in sufficient detail, how parents will share responsibility of that child.

Some of the responsibilities noted by the Florida court are: Who will be responsible for the daily tasks involved in raising a child, designating time sharing, which parent shall be responsible on the issues of health and healthcare for that child, education of the child, what activities the child will do, and then by which method of communications will the parents utilize.

If you and your spouse cannot come to an agreement concerning child custody, then the Florida court will consider the below factors in determining a parenting plan for you.

  1. The demonstrated ability and disposition of each parent to maintain a safe environment for the child or children; one, which is free from substance abuse.
  2. Both the mental and physical health of the parents is taken into consideration when deciding custody of the child.
  3. The moral fitness of each parent will be considered when a child custody judge gives his or her decision.
  4. The geographic viability of the parenting plan will be taken into account. Special attention will be paid to the needs of school-age children in regards to the amount of time to be spent traveling to execute the parenting plan.
  5. The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, daily schedule, and preferences, will be considered by the judge when deciding which parent will win custody of the child in question.
  6. The demonstrated capacity and disposition of each parent to provide a consistent routine for the child. A routine may include things such as homework schedules, athletic schedules, when to eat meals, when to go to bed and when to get up for the day.
  7. The demonstrated capacity and disposition of each parent to enable and encourage a close and continuing parent-child relationship, to adhere to the agreed upon time-sharing schedule, and to be reasonable when changes to the time-sharing schedule may be required.
  8. The length of time in which the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity for the sake of the child’s livelihood will be taken into consideration in a child custody battle.
  9. The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent. Essentially, will you or your spouse put the needs of your child above your own when the time calls for it?
  10. The home, school, and community record of the child will be taken into consideration when determining which parent will have custody over the child.The anticipated division of parental responsibilities after the child custody litigation has concluded, including the extent to which parental responsibilities will be delegated to third parties such as aunts, uncles, grandparents, and babysitters.
  11. The anticipated division of parental responsibilities after the child custody litigation has concluded, including the extent to which parental responsibilities will be delegated to third parties such as aunts, uncles, grandparents, and babysitters.
  12. The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child. If you want to receive of maintain custody over your child you must be able to demonstrate that you will work well with your spouse for the good of the child, this means whenever possible taking a unified approach in parenting activities.
  13. Evidence of domestic violence, child abuse, sexual violence, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues have been acted upon, will be heavily considered by the court in a child custody case.
  14. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, mentally fit, not coerced, and experienced to express a preference for the parent they want to have custody over them.
  15. The developmental stages and needs of the child, in addition to the demonstrated ability and character of each parent to meet the child’s developmental needs in order to promote the well-being of the child.
  16. The capacity and disposition of each parent to protect the child from ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or pieces of electronic media related to the child custody litigation with said child, and refraining from making ill comments in regards to the other parent to the child.
    (Essentially, you will not bad mouth, nor tell the child what’s going on during the litigation process to ensure you cannot be accused of trying to sway your child’s decision)
  17. The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities will be considered during the child custody litigation process.
  18. Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
    (Essentially, if you lie to the court about your spouse’s actions, and falsely accuse them of something, the court will not look favorably at you as a candidate to receive custody of the child.)
  19. Any other factor that the court finds to be relevant in the determination of a specific parenting plan, including the time-share schedule will be included in the courts decision to whom they award child custody. (This is where our experienced child custody attorney in Orlando can help you.)
  20. Any other factor that the court finds to be relevant in the determination of a specific parenting plan, including the time-share schedule will be included in the courts decision to whom they award child custody. (This is where our experienced child custody attorney in Orlando can help you.)
  21. Any other factor that the court finds to be relevant in the determination of a specific parenting plan, including the time-share schedule will be included in the courts decision to whom they award child custody. (This is where our experienced child custody attorney in Orlando can help you.)
  22. Any other factor that the court finds to be relevant in the determination of a specific parenting plan, including the time-share schedule will be included in the courts decision to whom they award child custody. (This is where our experienced child custody attorney in Orlando can help you.)

In any custody case, the standard used by the court to decide whether the parents should share custody or whether one or the other parent should have primary custody is the determination of what would be in the best interest of the child.

Orlando Child Custody Attorney Joe Knape knows the law and will guarantee the best legal services for child custody. You are in safe hands so don’t hesitate to give us a call.

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