Miami Child Custody Lawyer
Protecting Your Fathers' Rights in Florida Child Custody
In Florida, custody and visitation are now referred to as “time-sharing.” This change was made to eliminate the idea that a child may “belong” to either parent. Though the name may have changed, the principle is the same. After a divorce, the child’s living arrangement will need to be worked out. A parenting plan will need to be developed that addresses primary residence, parental responsibility, and time-sharing. Time-sharing may also be addressed for unmarried parents after paternity is established.
The days where child custody automatically went to the mother are over. Today, courts take the rights of the father into consideration just as much as the rights of the mother. More importantly, the well-being of the child is the number one priority when making decisions about child custody.
Serving fathers across Miami, DADvocacy™ Law Firm provides experienced legal counsel and guidance related to custody agreements, enforcement, and modifications. Our Miami child custody attorney recognizes the specific challenges that fathers may face during proceedings and work to address these so their rights are not jeopardized in any way. There is no presumption of law that favors either parent in custody proceedings, but fathers are often in need of skilled counsel to level the playing field in a system that often benefits mothers over fathers.
Factors Involved in Determining Custody in Florida
A father should be on equal footing in custody proceedings, unless there is an issue of domestic abuse. It is therefore essential to follow the necessary procedures and processes in accordance with the law. A judge or other court-appointed official who decides upon time-sharing matters will consider a number of factors, according to Florida statutes.
In determining custody, the following factors may be considered:
- Which parent is friendlier and allows the child to love and respect the other parent;
- Which parent has been the primary caretaker of the child;
- Which parent’s schedule provides for sufficient and meaningful time with the child;
- Which parent provides the greatest stability for the child;
- Physical and mental health of the parents and child;
- Whether a parent has made false allegations of abuse;
- Any occurrences of abuse – physical, sexual, drug or other;
- Child’s relationship with the parents and other family members;
- Preferences of the parents;
- Depending on the child’s age, his or her preference; and
- Any current custody arrangement that is in place, and whether it is workable.
A number of other factors may be considered as well. It is important for your Miami child custody lawyer to properly present your case to the court so it can see how your child would benefit from living with you. DADvocacy™ Law Firm is here to protect your rights as a father so you can maintain a meaningful relationship with your child or children.