A divorce is a traumatic event, but child custody can create much more emotional upheaval. It is the most difficult issue that must be addressed when parents go through a divorce. Bitter arguments can ensue and many times the children become innocent bystanders.
Our Family Law Attorneys are experienced in all aspects of divorce and child custody and they know what you are going through. Regardless if you are seeking sole custody, joint custody, Grandparent’s rights, modification to custody orders, or even a Chapter 751 case seeking temporary custody by an extended family member, our goal is to help you through what will probably be the most difficult period in your life, and we will fight for your rights and the rights of your children.
Every situation is unique so contact one of our experienced team members today to setup a consultation to discuss your child custody and divorce case.
The court shall determine custody with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. The law requires that the court use the “best interest of the child” standard when determining custody. A judge will center his focus in a custody case in the children more than any other issue.
The court will ensure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of child-rearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child. (Florida Statutes – Chapters: 61.13).
There are many different factors that go into the determination of custody. A few of the most important factors include:
- Which parent will allow open and frequent access to the child?
- Who is the primary caregiver?
- The physiological fitness of the parents
- Recommendation of a Guardian Ad Litem
- Keeping brothers and sisters together
- The child’s relationship with the parents
- In certain cases, the wishes of the children
- If there is a history of domestic violence
Some factors are more important than others, but there is no one factor that is controlling. It is important to realize that there is not set method in determine custody. Because of this, it is critical that you have a Child Custody attorney that is familiar and experienced with custody cases working on your behalf.
If you are the custodial parent of a child and are planning on relocating, or if you are the non-custodial parent of a child and the custodial parent is planning on relocating, there are new changes in Florida law that impose certain notification requirements that must be met before a relocation can take place.
It is important that you have an experienced Child Custody Attorneys representing you in a relocation situation. The Child Custody Attorneys at Harris Guidi are experienced in all areas of child custody law and are ready to help you.
Although parents can agree to changes in visitation at any time, it will not be enforceable until the court has approved it. While visitation modifications are easier to have approved than changes in custody, it is still important that you have representation in visitation modification cases.
Contact our office to learn more about modifying a visitation arrangement.
A permanent custody award is never completely permanent. There are many changes that can take place that will change the circumstances and may warrant a change in custody status. Changing your status to joint or sole custody could be warranted in certain circumstances and situations.
If you have questions as to your rights in modifying a permanent child custody judgment, contact one of our Child Custody Attorneys.