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Some areas of law are more self-explanatory for the sorts of things encompassed in that area of specialty. Criminal law encompasses a great many infractions that range from things like traffic violations and drug paraphernalia possession to assault, theft, and violations of probation. Even infractions like boating under the influence (BUI) are considered criminal cases. If you are facing criminal charges, seek out representation who understands the ins and outs of your case.
Divorce is a complicated matter with many ups and downs, while there is always property and assets that need to be divided, children are not always part of the divorce proceedings. However, when children are involved, an already complicated situation can become unmanageable because something that is entirely logistical becomes an emotional endeavor for all involved. In this scenario, communication with experienced legal counsel is paramount if your spouse is being uncooperative and not putting the well-being of the child above all else. If you are seeking custody of your child contact our family attorneys today.
Matthews & Matthews handles all types of custody arrangements, including:
- Physical
- Legal
- Joint
- Sole
- Parenting Plans
- Parental Relocation
How Child Custody Is Determined in Florida
Florida has done away with terms such as “custody,” “custodial parent,” and “noncustodial parent.” Florida courts now assign parental responsibility to parents, either sole responsibility or shared responsibility. Visitation rights have now been termed as time-sharing arrangements in which parents create a parenting plan that details those arrangements.
Physical Custody
Physical custody is straightforward, as it refers primarily to whom the child lives with. This type of custody also means this parent will be obligated to care for the child’s physical, emotional, and social needs directly (i.e., food, shelter, school transportation).
Physical custody can be split, but because it puts unfair stress on the child, this is usually only valid for parents who live near each other. If the child resides with one parent more often than the other, that parent’s home will generally be considered the child’s primary residence.
Legal Custody
In addition to physical custody of a child, the courts must determine which parent should be granted legal custody. Legal custody is the right to make major decisions regarding how a child is educated, what religion the child is raised in, and decisions regarding non-emergency healthcare. In other words, this type of custody refers to the right to make legal decisions regarding matters that relate to the child.
If a parent, grandparent, or guardian has sole custody, that caregiver can make all the decisions regarding the child without consulting the other parent. However, in Florida, the court often awards shared parental responsibility to both parents, giving them legal rights concerning any decisions that need to be made regarding their child. In cases where the one parent is abusive or has ended communication, it is possible to convince the court that it’s in the best interest of your child for you to have sole legal custody.
If you share joint legal custody with the other parent and exclude them from the decision-making process, you may get taken back to court, where your ex can ask the judge to enforce the custody agreement. You won’t get fined or go to jail, but it may cause more friction between the two of you, which isn’t in the child’s best interest. What’s more, if an attorney represents you, it’s sure to be expensive.
Joint Custody
Joint custody of a child is the ideal outcome where both parents are caring for and involved in a child’s life. When it comes to joint custody it is important to outline the initial scheduling of a parent’s time-sharing rights (legally deciding the parent’s time involved with their child). This can come in the form of fully divided custody, where a child lives equally among each parent, or when they are permitted visitation and vacation rights.
One parent might have the majority of the time with the child, but it is also important to keep in mind that both parents have rights unless otherwise stated. In cases of majority custody, schedules for holidays and school breaks are crucial to outline so that there is no confusion between the parents that start another costly legal battle down the road. If a parent has majority custody, it is important to outline a schedule of visitation rights now during the initial family law proceeding, rather than later.
In a joint custody situation, both parents must agree on all major decisions affecting the child’s welfare. When one parent has primary physical custody, they must create a sense of normality for the child, including establishing:
- A primary residence
- A school
- A physician
Parents who don’t live together have joint, or shared, custody when they share their child’s decision-making responsibilities and/or physical custody. Joint physical custody means that the child lives with both parents, but not necessarily an even 50/50 split. In some states, the minimum is 35 or 40 percent as long as both parents have the child at least 40 percent of the time. The parents may agree to a schedule that takes their work obligations and the child’s schedule into consideration.
Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Joint custody may be:
- Joint legal custody
- Joint physical custody
- Joint legal and physical custody
Joint physical custody is the preferred custody arrangement because the court wants to ensure that the child maintains meaningful contact with both parents. The state will award joint physical custody unless proven that this is not in the child’s best interest. The court starts by assuming that this type of custody would be best and then examines the evidence to determine if this should be adjusted for one parent over the other.
When a court is deciding whether or not to award joint physical custody, it may consider several circumstances, including the distance between the parents’ residences, the parents’ ability to communicate with each other, and other factors.
Sole Custody
Cases of sole custody are usually reserved for cases when a parent is neglectful or abusive, and all the rights are given to a single parent. In this case, one parent carries all the rights to decision making and visitation rights. If the other parent is granted visitation, the legal guardian must outline the supervision requirements during meetings, guidelines on exchanging the child, transportation to and from the exchange, and times when it is appropriate to communicate with the child. All custody rights are contingent on the agreed-upon plan presented when filing for dissolution.
In this case, a single parent will have either sole legal custody, sole physical custody, or both. This type of child custody is awarded to a parent or a guardian if the other parent is deemed unfit to raise the child. In some cases, the family court will award this type of custody in a way that gives the noncustodial parent some opportunity to take part in the child’s life.
This term, sole custody, is used when the child primarily lives with one parent. If sole physical custody is awarded, the other parent is usually allowed visitation with the child. In this situation, the child lives with the custodial parent and may visit the noncustodial parent every other weekend, holidays, and summer break. Sole physical custody may be ordered when there is high conflict between the parents or the parents live far apart.
However, most states are moving away from awarding sole custody and more toward enlarging both parents’ roles in their child’s life. Even where courts do award sole physical custody, the parents often share joint legal custody, while the noncustodial parent is granted a visitation schedule. In these situations, the parents would make joint decisions about the child’s upbringing. It’s best not to seek sole custody unless the other parent truly causes direct harm to the child.
Parenting Plans
In the State of Florida, a Petition for Dissolution needs to come with a Parenting Plan, a basic outline of how the parents plan to raise their child after they are divorced. This plan must be fully agreed upon by a child’s parents. In some cases, the agreement can be mediated by an attorney and submitted on behalf of the parents or can be filled out by the courts in cases where it is necessary to intervene.
The Parenting Plan Includes Subjects Such As:
- Healthcare
- Education
- Transportation
- Relocation
- Information Sharing
- Foreign and Out of State Travel
- Day to Day Decisions
- Extra-Curricular Activities
The goal of the parenting plan is to come to a peaceful, legal, and uncomplicated resolution that is in the best interest of the child. In addition, this document outlines each parent’s legal rights in terms of custody, so that there are no complications in the future.
A parenting plan is an arrangement between parents who are either getting a divorce or have never been married. The plan outlines child custody arrangements. It addresses who the children are with on which days, who makes major decisions about education, who makes major decisions about health care, and more. It also defines what will be done if one party’s situation changes significantly.
At Matthews and Jones, we know that parents who agree on a parenting plan, rather than letting the court decide, are more likely to comply with the plan. We can help you create a plan that works.
Parenting Plans Should Be Specific And Flexible
Putting together a plan that is specific and flexible creates a workable system for dividing responsibility. The plan will function whether or not both parties get along with each other. Ideally, both parties will strive to get along, at least in front of the children. In fact, we can create a plan that includes rules requiring that each party treat the other with respect when the children are around. A good parenting plan creates a process for resolving conflicts when they arise, whether those conflicts are related to the children or any other issue.
Parenting Plans Should Be Strong And Effective
A strong parenting plan is built to last. It includes built-in review periods and adjustments based on significant life changes, addressing modification and enforcement issues. Usually, these periods occur after the first year and then every two or three years following.
We take great care to work with you to create effective parenting plans. The court will review your parenting plan to determine whether it is in the children’s best interests. If both parents have agreed on the plan, the courts are more likely to favor it.
In determining child custody matters, the court’s priority is always in the child’s best interests. Courts favor children having a continuing and meaningful relationship with both parents unless some factor – such as substance abuse or domestic abuse – would prohibit it.
Items That Should Be Included In Every Parenting Plan
When outlining shared parenting schedules, there are a few recommendations that should be taken into account:
- Use a regular calendar and a school calendar to plan for school breaks, holidays, and summer vacations
- Define when holidays start and end
- Include days like Mother’s Day, Father’s Day, and birthdays
- Create a formula for anticipatable events that will work for the first one to two years of the plan
- Don’t forget to include drop-off times, pick-up times, and locations
The plan should also allow both parents access to medical records, school records, teachers, and activities. Both parents have the right to make emergency medical decisions.
Parental Relocation
Child custody and support matters are seldom easy and can be complicated further if a custodial parent wants to make a long-distance move.
In these situations, a relocating parent either needs the non-relocating parent’s consent or court order. In Florida, parental relocation is addressed in Florida Statutes Section 61.13001. According to the statute, the need for consent depends upon both the distance and duration of the relocation:
- A parent who has custody and plans to move less than 50 miles away for any period of time does not need consent from the other parent
- A parent who has custody and plans to move more than 50 miles away for a period of more than 60 days must obtain the consent of the other parent
If consent is needed, there are several ways a parent or non-parent can show consent to relocation by the other spouse:
- By a court order allowing relocation based on the lack of timely response of the non-relocating parent or others who have received notice of the Petition and have the right to access the child
- By written agreement (signed by both parents as well as any other individuals who have the right to access the child) filed and ratified by the court
- By court order granted after an evidentiary hearing
Obviously, relocations are much easier to get approved when both parents agree to the terms of the move. When the noncustodial parent consents, the process is much more efficient. The agreement needs to document transportation arrangements, establish visitation rights, and be in writing. Once both parties agree to the relocation plan, it needs to be approved by a Florida court. However, if the parties cannot agree, the custodial parent must file a petition for relocation with the court. A detailed petition needs to outline the:
- Address of the intended new residence
- Planned date of the move
- Reasons for relocating
If an agreement between the custodial parent and noncustodial parent still cannot be reached, the court schedules a hearing to consider the circumstances and facts of the parent-child relationship and how feasible it would be to maintain the relationship. If the judge determines that the relocation is in the child’s best interest, they will create a new parenting plan taking the new, long-distance between the parties into consideration. Usually, this consists of increased communication between the non-relocating parent and the child, travel considerations, and modifying the timesharing schedule.
Destin Attorneys Protecting Your Child's Best Interests
Child custody issues can arise in situations other than divorce. When one parent is incapable of providing a safe home for their children, it may be necessary to petition the court for custody. An unwed father may wish to petition the court for visitation rights, joint custody, or even sole custody if the mother is an unfit parent.
If you seek custody to protect your child from domestic violence or child abuse, do not hesitate to contact our firm and get the help of knowledgeable child custody lawyers in Northwest Florida.
Under state law, the support and welfare of a child is the responsibility of both parents. The courts encourage parenting plans that provide both parents with the greatest possible access to the children. In ruling on custody matters, the court’s primary emphasis is always the best interests of the child.
Whether you are married or unmarried, facing divorce, or seeking parental rights, our Destin child custody attorney can fight for your right to custody.
Because child custody and visitation cases often have various arrangements, we’ll work to keep your child’s best interests at the forefront of everything we do. If you are currently or soon to be involved in a child custody case, it’s important to have a plan in place.
At Matthews and Jones, we’re happy to answer your legal questions or start with a consultation. At the end of the day, having a professional attorney on your side is invaluable, and we’d love to help you find a solution to your specific situation.
Personal, Attentive, and Compassionate Service
Finding the right child support attorney in Northwest Florida can feel like a challenge, but at Matthews and Jones, we want you to know that we’ll fight hard for your rights as a parent. Although the experience often feels daunting, our law firm can provide you with strategic assistance and assertive, aggressive representation.
You deserve to have an advocate on your side, and when you choose Matthews and Jones, that’s exactly what you’ll get. Known for our core principles of transparency, compassion, and access, we strive to provide each of our clients with an unmatched experience. You deserve the best. When you work with us, that’s what you’ll get.
Schedule Your Family Law Consultation
If you need assistance securing the child support you need and defending your parental rights, we would be happy to meet with you and discuss your options. We represent clients throughout the Northwest Florida region and all along the emerald coast. Matthews & Matthews is known for it’s discreet approach to all litigation matters, but especially regarding family law. Contact us today at (850) 290-4742 or click here.
