Florida Child Custody Lawyers

Factors we consider include:

• Child’s Education and School Location - Your child’s educational development and environment are considered in terms of his/her best interests.
• Current and Proposed Living Arrangements - Your child’s existing living environment may be looked at as well as any future post-resolution arrangements.
• Financial Situation of Parents - The court will evaluate the financial situation of both parents. This will take into consideration any child support and employment factors.
• Evaluation of Parental Plan - The parental plan reflects the parent’s priorities in regards to their child. Courts can use this to help determine parental ability.
• Physical and Mental Health of Parents - If the physical or mental health of a parent could negatively affect a child’s welfare, it will be considered by the court.
• Parental Involvement - The opinion of the child’s educators and the family’s associates may be considered.
• Parental Flexibility - The willingness to adapt to shifting parental responsibilities could be evaluated in terms of your child’s best interests.
• Evidence of Domestic Violence- The safety of your child is a critical consideration. Accusations and evidence of violent crimes will be analyzed. If it is determined that safety is an issue, supervised visitation may be ordered.

Florida law provides three forms of parental responsibility:

• Shared Parental Responsibility - This is the most common form of parental responsibility. Both parents must confer with one another and come to a mutual agreement on all decisions pertaining to the child. Should the parents fail to come to terms on a matter, they must return to court.
• Shared Responsibility with Ultimate Decision-Making Authority - In this case, both parents are still expected to confer with one another for all decisions. However, one parent is granted the final authority on all decisions should both parties fail to reach an agreement.
• Sole Parental Responsibility - This is the most uncommon form of parental responsibility. If shared responsibility is determined to negatively impact a child’s welfare, one parent may be granted sole decision-making authority. Often, this occurs when one parent is in jail, addicted to drugs or alcohol, or poses a risk of harm to the child or co-parent.

Common Mistakes People Make When Trying to Get Custody of Their Child in Florida

Seeking custody of your child in Florida is a challenging and emotional journey. Unfortunately, many parents make mistakes during the process that can jeopardize their chances of obtaining a favorable outcome. Here are some common mistakes people make when seeking child custody and how an experienced Florida child custody attorney can help you avoid them.

• Letting emotions dictate actions: Child custody cases are highly emotional, but acting on these emotions can harm your case. Showing anger or frustration in court, arguing with your co-parent, or posting negative comments about them on social media can make you look less favorable in the eyes of the court. A custody attorney can provide the guidance and support you need to remain composed and focused, helping you present yourself as a responsible and mature parent.
• Disobeying temporary court orders: During the custody process, courts often issue temporary orders regarding time-sharing and parental responsibilities. Ignoring or failing to follow these orders, even if you disagree with them, can seriously impact your case. Your attorney can help ensure that you understand and comply with all court orders, which demonstrates your commitment to following the legal process and prioritizing your child’s well-being.
• Not documenting important interactions and incidents: Documentation is essential in a custody case. Failing to keep records of interactions with your co-parent, incidents involving your child, or missed visitations can weaken your case. An experienced child custody lawyer will advise you on what to document and how to organize it, so you have concrete evidence to support your claims in court.
• Allowing your child to choose sides: While you may feel that involving your child in the decision-making process is fair, it can be detrimental to their emotional health and could affect your case negatively. Florida courts prioritize the child’s best interests and typically frown upon any actions that put undue pressure on them. A custody attorney can advise you on ways to support your child without putting them in the middle, ensuring their well-being remains the priority.
• Failing to maintain a positive co-parenting relationship: Judges in Florida often favor parents who show a willingness to foster a relationship between the child and the other parent. Refusing to cooperate or openly speaking negatively about the other parent can harm your case. An attorney can coach you on maintaining a civil co-parenting relationship, demonstrating to the court that you’re willing to support your child’s relationship with both parents.
• Neglecting to gather witnesses and professional testimony: Many parents overlook the power of supportive witnesses, like teachers, coaches, or doctors, who can provide testimony about their involvement in their child’s life. Professional input from counselors or therapists can also add credibility to your claims. A skilled Florida custody attorney can help you identify potential witnesses and gather statements that support your case.
• Attempting to handle the case alone: Family law and custody cases in Florida can be complex and require an understanding of the legal system. Attempting to represent yourself may result in procedural errors, incomplete documentation, or missed deadlines, which could hurt your case. By working with an experienced attorney, you’ll have someone who can navigate the legal process, ensuring that all requirements are met, and that your case is presented effectively.

By working with The Virga Law Firm’s Florida child custody attorneys, you gain access to a team dedicated to safeguarding your parental rights and presenting a compelling case that puts your child’s best interests first. Let us guide you through every step of the process, helping you avoid common mistakes and positioning you for a positive resolution.

Another frequent mistake is underestimating the importance of a detailed parenting plan. A well-crafted parenting plan can serve as a roadmap for co-parenting success, outlining schedules, communication protocols, and decision-making responsibilities. Overlooking this crucial aspect can lead to misunderstandings and disputes, negatively impacting both parents and children. Our team works with you to design a comprehensive parenting plan that minimizes conflict and supports your family’s needs. We also stress the importance of adapting this plan as circumstances evolve, ensuring it continues to meet the child’s best interests over time.

10 Tips to Get Through a Custody Battle

1. Always follow the court order – Follow it even when the other parent does not. It is never wise to disregard the judge’s order; they are the ones that make the ultimate decision regarding custody and/or visitation in child custody cases.
2. Be flexible when co-parenting with the other parent – The key issue in determining child custody cases is which parent is more likely to foster a meaningful relationship with the other parent. Make sure that you have done everything to ensure the other parent gets meaningful time with the child. This flexibility is often hard, but it pays big dividends during a child custody hearing.
3. Never turn down time with your child – Always make your child your first priority. Accept time that the other parent is willing to forfeit. Not only will it increase your bond with your child, it often makes excellent evidence in a child custody case.
4. Support your child not only emotionally, but financially as well – Pay support if your child is not living with you the majority of the time. Even when the other parent isn’t following their orders, don’t stop paying child support; let the judge deal with it. Two wrongs don’t make a right.
5. Keep a detailed calendar and/or record of events as they relate to visitation – Note any relevant events and problems you may be having with your former partner. This is a good way to refresh your memory before the trial and to keep your lawyer informed.
6. Be involved in all facets of your child’s life – Talk with your child’s teachers, coaches, doctors, etc. Often, these individuals make great witnesses if they believe that you are a good parent and active in your child’s life. They may also notice differences in your child caused by the divorce, or your child may confide in them.
7. Your child only has one mother and one father – Never let or encourage your child to call a new partner mom or dad. This is not only confusing to the child but shows that you do not respect the other parent and their relationship with the child.
8. Never disparage the other parent in front of your child – Even if you are angry with the other parent, never say anything bad about the other parent to your child or in front of your child. This includes posting things on social media. Remember, they are your child’s parent, too, regardless of how you feel about them.
9. Do not make unilateral decisions regarding your child – Make sure you include the other parent when making decisions that pertain to the child. If you cannot agree, counseling could be beneficial, but if an agreement can’t be reached, then take the matter before the judge.
10. Make these decisions because they are the right things to do, not just because they will benefit you in court – Nothing is as important as being a good and loving parent to your child. Protect and love them during this difficult time—it’s the most important thing you can do for them.

Call Our Florida Child Custody Lawyers – (800) 822-5170

Our team of Florida child custody attorneys understands the complex and emotional aspects involved with child custody cases. Whether you are looking for child custody lawyers for mothers or lawyers who fight for fathers’ rights, turn to us for help.

Through in-depth analysis, dedicated preparation, and personal professional experience, The Virga Law Firm can help you accomplish your legal goals both inside and outside of the courtroom. And if you ever need to modify your custody agreement in the future, we can help with that too.