Panama Beach City Child Custody Attorneys

Protect Your Child’s Best Interests

Determining “child custody” is one of the most challenging aspects of the divorce process. This can be an incredibly emotional experience, as parents need to establish a strict parenting plan while simultaneously wishing to spend every second with their child. If parents can’t reach a decision or fail to present a reasonable time-sharing schedule, the court may order a determination that reflects the “child’s best interests.” However, parents always know their child best, so it’s important to work with an experienced legal representative who can help you negotiate a reasonable agreement.

The decisions you make today can have a lasting impact on your relationship with your child. Before you make any significant choices or concessions, contact the Panama Beach City child custody lawyers at The Virga Law Firm, P.A. Our legal team can utilize innovative negotiation techniques to help you and your spouse create a comprehensive parenting plan. If necessary, we can also litigate in court to protect your custody rights, even if it means modifying an existing court order because it no longer reflects your personal needs and life circumstances.

Contact us our Panama Beach City child custody lawyers at (800) 822-5170 if you require legal representation.

Florida’s Child Custody Laws

In 2011, Florida lawmakers signed a bill to modify the concept and terminology of “child custody.” Now, the court needs to establish “parental time sharing” and “parental responsibility” before issuing, modifying, or enforcing a court order. This updated legal approach is meant to safeguard the child’s overall safety and well-being.

Parents need to make the following determinations before finalizing their divorce:

• Which home will be the child’s primary residence?
• How will the time-sharing schedule be structured?
• Who will have custody on certain holidays or special occasions?
• Does the time-sharing schedule need to include any exceptions?
• Which parent(s) has the right to make decisions on behalf of the child?
• Who is the child’s primary healthcare provider?
• Where will the child go to school?
• Which parent will pay child support?

At The Virga Law Firm, P.A., we can help you develop a thorough parenting plan that acknowledges your legal rights and considers your child’s basic welfare. By collecting evidence and developing a strong litigation strategy, we can prove to the court that you are the best parent equipped to provide your child with a loving, safe, and financial stable living environment.

Florida law provides three forms of parental responsibility:

• Sole parental responsibility
• Shared parental responsibility
• Shared responsibility with ultimate decision-making authority

The court usually approves of a parenting plan so long as it allows both parents to maintain and develop positive relationships with their child. However, sole parental responsibility may be awarded if one parents has a history of abuse or is mentally or circumstantially unable to care for their child.

Over time, your time-sharing plan may not accurately reflect your personal circumstances or your child’s basic needs and preferences. Fortunately, Florida law allows parents to request parenting plan modifications so long as any proposed changes ultimately benefit their child.

FAQs About Child Custody in Florida

What is the difference between legal and physical custody in Florida?

In Florida, legal custody refers to the right to make important decisions about the child’s upbringing, such as education, healthcare, and religious practices. Physical custody, on the other hand, determines where the child primarily lives. Florida courts often prefer shared parental responsibility, meaning both parents share decision-making responsibilities and time with the child, unless one parent is deemed unfit.

What is the process for creating a parenting plan?

Parents can create a parenting plan through mutual agreement or with the help of a mediator. The plan should address time-sharing schedules, decision-making responsibilities, communication methods, and provisions for resolving disputes. If parents cannot agree, the court will establish a plan based on the child’s best interests. It’s advisable to involve legal counsel to ensure the plan is comprehensive and fair.

How is child custody determined in cases where parents cannot agree?

When parents cannot agree on a custody arrangement, the court intervenes to decide based on the child’s best interests. The court evaluates evidence presented by both parties, which may include testimony, parenting plans, and records of communication. Mediation is often encouraged before a trial to resolve disputes. If mediation fails, a judge will issue a ruling that serves the child’s welfare.

Can custody arrangements be modified after they are established?

Yes, Florida allows modifications to custody arrangements if there is a substantial change in circumstances and the modification serves the child’s best interests. Examples of significant changes include relocation, a parent’s job change, or evidence of neglect or abuse. The parent requesting the modification must provide compelling evidence to justify the change.

Does Florida favor mothers over fathers in custody decisions?

No, Florida law does not favor mothers over fathers or vice versa in custody decisions. Instead, the law aims to ensure that both parents have an active role in the child’s life, provided it is safe and appropriate. Courts focus on the child’s best interests, and decisions are made based on factors like each parent’s involvement, stability, and ability to provide care.

What happens if one parent refuses to comply with a custody order?

If a parent fails to comply with a custody order, the other parent can file a motion for enforcement with the court. Florida courts take custody orders seriously, and the non-compliant parent may face consequences such as fines, modification of the custody arrangement, or even contempt of court charges. It’s essential to document instances of non-compliance to support your case.

Can grandparents seek custody or visitation rights in Florida?

Yes, but under limited circumstances. Grandparents in Florida can petition for custody or visitation if one or both parents are deceased, missing, or unfit. The court considers whether granting custody or visitation is in the child’s best interests. However, grandparents’ rights are secondary to parental rights, and the burden of proof is typically high.

Can a child decide which parent to live with in Florida?

Florida does not have a specific age at which a child can choose which parent to live with. However, the court may consider the child’s preference as one factor in custody decisions if the child is deemed mature enough to express a reasonable and informed choice. The ultimate decision is based on the child’s best interests and other relevant factors.

How does domestic violence affect custody decisions?

Domestic violence is a significant factor in Florida custody cases. A history of domestic violence can impact a parent’s ability to obtain custody or significant time-sharing rights. The court prioritizes the child’s safety and may limit or supervise the offending parent’s contact with the child. Evidence of domestic violence should be presented to the court for consideration.

What is supervised visitation, and when is it ordered?

Supervised visitation occurs when a parent can only spend time with their child in the presence of an approved third party or at a designated facility. Florida courts may order supervised visitation if there are concerns about the child’s safety, such as in cases of abuse, neglect, or substance abuse. The goal is to ensure the child’s well-being while maintaining the parent-child relationship.

Can parents relocate with their child after a custody agreement is in place?

Under Florida law, a parent who wishes to relocate more than 50 miles away for 60 days or more must either obtain written consent from the other parent or seek court approval. The court evaluates factors such as the reasons for the move, the impact on the child’s relationship with both parents, and whether the relocation is in the child’s best interests.

Schedule a Consultation

We understand that this is a stressful and emotional time for you. Let us help you navigate this complex legal process. If you’re planning to file for divorce or need guidance in developing a time-sharing schedule, contact the Panama Beach City child custody lawyers at The Virga Law Firm, P.A.

We accept calls 24/7! Contact The Virga Law Firm, P.A. at (800) 822-5170 to schedule a consultation.