Determining child custody in a Florida divorce

Florida courts use one main thing in determining child custody in a divorce, and that is what is in the best interest of the child. There are a number of different factors they take into consideration when determining what is actually in the best interest of the child. These factors include:

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• The child’s health and safety

• The child’s emotional and developmental needs

• Each parent’s moral fitness

• Who has acted as the primary caregiver for the child. If either parent has, the court may be more likely to award primary custody to that parent, so as to avoid an interruption in the child’s routine.

• Which parent, if any, is most willing to facilitate the possibility that the child may maintain a relationship with the other parent, the extended families on both sides, and the community where the child grew up.

• The ability of each respective parent to provide a safe, supportive, loving and nurturing environment for the child.

How an affair can affect child custody

If one spouse committed adultery, it could affect how the judge determines their moral fitness as a parent. If the faithful spouse can prove the adulterous spouse is reasonably likely to have a negative impact on their child, the judge can limit that parent’s custody or visitation.

In the state of Florida, child custody and visitation is referred to as time-sharing. The courts believe that it is usually always in the best interest of the child to have equal time-sharing schedules, and you should have a plan that shows when your child spends time with each parent.

Creating a time-sharing schedule

Your time-sharing schedule should include:

• An everyday schedule that shows when the child is with each parent on weekdays and on weekends
• A holiday schedule that shows which parent the child is with for holidays
• A summer break schedule that shows when the child is with each parent during summer break

Other things to consider as you make your schedule:

• Florida courts encourage parents to work together to make a schedule they both like
• Your schedule should give your child frequent and consistent contact with both parents
• Your child’s age usually determines how long and how frequent visits are
• Usually all the children in a family stay together for time-sharing
• If parents are not able to agree on a schedule, the court will establish the schedule

Having the courts establish a time-sharing schedule

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Courts in most counties in Florida follow similar guidelines when setting up a time-sharing schedule. For the everyday schedule for children 3 and over, there will be one residential parent, usually the one who lives near the child’s school, and one nonresidential parent. The child visits the non-residential parent:

• One evening during the week after school or work to 8:30 pm
• Every other weekend from Friday after school or work to Sunday evening at 6:00 pm or Monday morning when school starts
• If the child has school off on the Friday before the non-residential parent’s weekend, the weekend time starts on Thursday.
• If child has school off on the Monday after the non-residential parent’s weekend, the weekend ends on Monday evening or Tuesday morning when school starts.

Parents will also alternate holidays and share the child’s summer break evenly.

In the state of Florida, child custody and visitation is referred to as time-sharing. The courts believe that it is usually in the best interest of the child to have equal time-sharing schedules, and you should have a plan that shows when your child spends time with each parent.

Creating a time-sharing schedule

Your time-sharing schedule should include:

• An everyday schedule that shows when the child is with each parent on weekdays and on weekends
• A holiday schedule that shows which parent the child is with for holidays
• A summer break schedule that shows when the child is with each parent during summer break

Other things to consider as you make your schedule:

• 

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  Florida courts encourage parents to work together to make a schedule they both like

• Your schedule should give your child frequent and consistent contact with both parents
• Your child’s age usually determines how long and how frequent visits are
• Usually all the children in a family stay together for time-sharing
• If parents are not able to agree on a schedule, the court will establish the schedule

Having the courts establish a time-sharing schedule

Courts in most counties in Florida follow similar guidelines when setting up a time-sharing schedule. For the everyday schedule for children 3 and over, there will be one residential parent, usually the one who lives near the child’s school, and one nonresidential parent. The child visits the non-residential parent:

• One evening during the week after school or work to 8:30 pm
• Every other weekend from Friday after school or work to Sunday evening at 6:00 pm or Monday morning when school starts
• If the child has school off on the Friday before the non-residential parent’s weekend, the weekend time starts on Thursday.
• If child has school off on the Monday after the non-residential parent’s weekend, the weekend ends on Monday evening or Tuesday morning when school starts.

Parents will also alternate holidays and share the child’s summer break evenly.

Florida child support guidelines

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In the state of Florida, parents are obligated to provide support for their children. The state courts follow guidelines called the “Income Shares Model” when calculating who pays child support, how much they will pay and how often they will pay it. This model estimates how much money the parents would have spent on their children if they had not divorced. Then the amount is divided between the parents based on their incomes. The courts also use Florida Child Support Guidelines while determining a child support order.

Determining the amount of child support in a Florida divorce

There are several steps the courts go through when determining the amount of child support one parent pays the other:

• Step one: Both parents must complete a financial affidavit that details their income and expenses. The affidavits determine each parent’s net income and that is how the child support amount is calculated.
• Step two: Once each parent’s net income is determined, they are added together and the court’s Child Support Guidelines provide a grid that shows how much child support should be awarded and to which parent.
• Step three: Other expenses are divided, such as educational expenses, health care premiums and deductibles and child care expenses. These expenses are divided and split among the both parents. Each parent is responsible for a percentage of these expenses and the percentage is calculated based on their net incomes.

Choosing the best child custody lawyer

It’s obvious to say that you probably don’t want a timid child custody lawyer, but you also don’t want a bad aggressive lawyer. Below are the best qualities to look for when choosing a custody lawyer:

• Choose a lawyer with plenty of experience in handling high-conflict divorce and child custody cases
• Choose a lawyer who is well versed in personality disorders and their role in contentious litigation
• Choose a lawyer that can clearly demonstrate what’s at stake for your family and child
• Choose a lawyer that listens as much as they talk

Why is choosing an aggressive child custody lawyer the best solution?

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It’s common for parents to waste money on attorneys who approach is too passive. Passive lawyers don’t ask the tough questions, don’t listen to their clients and are quick to suggest a settlement that is far below your expectations. They basically don’t try hard enough to get what you are expecting out of them.

A lawyer on the aggressive side is more likely to work hard to get the result you are looking for. It’s always smart to google attorneys before hiring them. You should also ask for client referrals. Child custody attorneys can usually be pretty costly, especially when you hire an experienced one. Be sure you are hiring someone who will get results that are in the best interest of your family. Call us today for a consultation.

If a divorced couple that shares custody of their children needs to relocate over 50 miles away from the other parent, a relocation request should be filed and approved by the court. There are several reasons a relocation can be approved, possibly because one parent got a new job or to be closer to extended family who can help with support and childcare. The relocation can either be a voluntary agreement or a contested request.

A voluntary agreement for relocation with children

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If the relocation is agreed upon by both parents, a written agreement might be able to be submitted to the court. A judge should approve of the relocation if there is already a court order in place for the child’s living arrangement. If the relocation isn’t approved by a judge it can force the child and the parent to move back to the prior location and even lead the parent to loss of custody.

A contested request for relocation with children

The parent that is not relocating may object to the other relocating with their children. When this happens a contested request must be filed and the court must decide based on the reason for relocation whether the parent may be permitted to move the children. The court bases their decision on objective evidence and criteria determined by the state’s law.

Finding legal support for relocation

Dealing with filing relocation to the court may take longer than you have time
for. Judicial approval may be expedited and include shorter deadlines that both parities must be aware of. To speak to an attorney about relocating with children, contact the DeVoe Law Firm here.