The care and upbringing of children following divorce is often an ongoing source of conflict for divorcing parents. Divorcing couples often tackle custody/parenting plans and visitation/timesharing issues as soon as they separate. Custody/parenting plans must address both physical custody/parenting plans, or the rights and responsibilities regarding the day-to-day care and activities of their children and legal custody/parenting plans, or the legal rights and responsibilities associated with the child's upbringing. The courts are favoring joint, ongoing child rearing responsibilities (shared parental responsibilities), with the children residing where it is most practical and where they will best flourish.
Florida divorce laws encourage shared parental responsibility of children unless there is a compelling reason not to. "Shared parental responsibility" does not necessarily mean that each parent will have the children 50 percent of the time, but that both parents will share equally in making major decisions affecting their children.
Courts generally honor any custody/parenting plan agreement divorcing parents reach regarding their children. When a custody/parenting plan is contested, most courts will require parents to participate in a mandatory mediation session. Mediation is an alternative dispute resolution process where divorcing couples work with a specially trained neutral third party to try and resolve some or all of their disagreements. If mediation is unsuccessful, the court will determine a custody/parenting plan. Though rules differ from state to state, most courts generally reach decisions about custody/parenting plans and visitation/timesharing after considering what arrangement will serve the best interests of the child.
According to the law in Florida, the best interest of the child is the polestar factor when determining which a parenting plan. Both parents pay child support according to a Florida child support guideline formula based upon the income of both spouses. When deciding issues regarding custody/parenting plans, courts in Florida will consider many factors including:
- Best interests of the child
- Suitability of each parent as custodian
- Psychological, emotional, and developmental needs of the child
- Ability of the parents to communicate
- Prior and continuing care that the parents have given the child
- Wishes of the child
- Safety of the child
- Custodial agreements of the parents
- History of domestic abuse
The family law attorneys at Baird Law Group provide all of our clients with caring and supportive legal advocacy along with experienced legal representation. Our firm is a smaller law firm by choice: we know our clients by name and personally manage every aspect of their case, providing outstanding representation in a cost-effective manner.
We zealously represent the best interests of mothers, fathers, and other interested parties in custody/parenting plan controversies without putting children in the middle of the dispute. We are committed to providing the most effective level of service to each of our valued clients in a caring and compassionate manner. We handle custody/parenting plans issues including:
- Child custody/parenting plans and timesharing
- Child support, child support enforcement and child support modification
- Interstate jurisdictional issues - Uniform Child parenting plan Jurisdiction Act (UCCJA)
- Marital settlement agreements
- Mediation and settlement agreements
- Separation agreements
- Domestic Violence Injunctions for Protection.
