Even the most amicable divorces can result in long child custody battles if either parent misunderstands their parental rights or fails to abide by the agreed-upon or court-ordered visitation terms. When both parties have a clear understanding of their rights and responsibilities regarding child custody, they can ease tension and save money.
When you find yourself in the unenviable position of a dispute over the legal and physical custody of a child, a Coral Gables child custody lawyer may be able to help. Let a knowledgeable family attorney help you protect your parental rights so you can focus on being a parent.
Parental rights relate to deciding how to raise and spend time with your child. While married, parents can make these decisions together, or either parent can individually make and enforce such decisions. However, once divorce proceedings have commenced, the court decides which parent will have parental rights to the child while the divorce case is pending.
Upon the conclusion of a divorce case, a final order with respect to custody of minor children will be entered and the parent with legal custody can make important decisions about how to raise the child. Given what is at stake, a divorcing parent must understand their parental rights and the factors that a court considers when awarding custody of a child.
There is a difference between legal and physical custody. Legal custody refers to decision-making authority over how to raise a child while physical custody refers to where the child will live and whether and how the non-custodial parent can visit the child. Courts seek to allow both divorcing parents to continue their involvement in their children’s lives by requiring the parties to enter into a parenting plan. Florida Statutes § 61.13 lists the minimum requirements for parenting plans, including but not limited to:
An experienced Coral Gables child custody attorney can help you understand what a court will look for in a parenting plan and work with counsel to reach an agreeable plan that requires minimal costly court intervention.
When divorcing parents cannot agree on a parenting plan, the court will consider child custody and related matters under a legal standard referred to as the best interests of the child. At the same time, the general presumption is that an equal time-sharing arrangement is in the best interests of the child, when there are concerns about the health or safety of the child while in the custody of one of the parents, a court may grant sole legal and physical custody to one parent. In such extreme circumstances, it is critically important to have child custody attorney in Coral Gables in your corner to help fight for your parental rights.
Understanding your parental rights is the first step to protecting and preserving your relationship with your child during a divorce. A Coral Gables child custody lawyer can help you work toward an amicable parenting plan with your divorcing spouse. If you do not believe shared parenting time is in your child’s best interest, a family law attorney can help you understand the factors taken into consideration by a court when making the difficult decision of awarding sole custody.
At Shirazi and D’Escoubet Law Group, we understand the importance of a parent’s relationship with their child, and that is why we are zealous advocates for our family law clients. If you are going through a divorce and are looking for an attentive attorney who will take the time to understand your unique needs and those of your child, please give us a call.
(786) 518-3668