Expert Child Custody & Timesharing Paternity Lawyer Miami
Child custody attorney Miami fights for clients’ parental rights
At The Law Offices of Aliette H. Carolan, P.A. in Miami, Florida, we understand that child custody and timesharing arrangements are emotionally and mentally draining yet they are essential to the emotional health of each child involved in a divorce.
Our divorce lawyers are parents too, and we know first hand what parenting entails from the emotional, spiritual, and academic development of raising children to the logistical difficulties of commuting to and from school, and extra-curricular and social activities.
We understand that the arrangements made must take the “Big Picture” into consideration, including the transition from one home into two homes, the working hours of each parent, the work related travel schedules, and so on to develop an agreement that is fair to both parties and most importantly, the children.
Basics in Child Custody & Timesharing
The State of Florida removed the words “custody” and “visitation” from its statutes. Today, we now talk about timesharing and parental responsibility with regard to children. As the word “timesharing” implies, this relates to the schedule that both parents will enjoy with their children.
Parental responsibility involves making major decisions that directly affects children such as, education, medical and health care, religious upbringing, and extra-curricular activities.
Our family law attorneys in Miami emphasize parental involvement as appropriate on a case-by-case basis. The child custody and timesharing schedule must be one that is clearly outlined and that can be implemented without having an adverse affect on the children.
We mediate and litigate parenting plan issues such as child custody lawyer Miami and time sharing agreements that offer the details necessary for a post-divorce family setting.
Factors considered in a custody determination
The State of Florida views being a parent as having equal rights and therefore equal responsibilities to a child(ren). Neither parent has superior rights to the children regardless of their age or gender. The Court’s main goal and focus is to look after the child(ren)’s best interests. In order to determine this, the Court considers the following factors.
Each parent must demonstrate his or her ability to:
- Continue a healthy and caring parent-child relationship in respect to the timesharing schedule as set forth by the parents of the child and the Florida Court
- Communicate any and all changes to the timesharing schedule as they arise
- Consider and make decisions based solely on the child’s needs as opposed to the parent’s needs.
- Implement and maintain a consistent routine for the child including any and all daily activities and schedules.
- Participate and encourage the child in his or her school and extracurricular activities.
- Maintain a healthy and abuse-free environment.
- Recognize the needs of school-age children as well as pay attention to travel times and schedules adhering to the time-sharing plan.
- Maintain and continue the child’s living arrangements and routines as consistently as possible.
- Communicate with the co-parent as often as necessary in regards to the child’s needs and schedules.
- Make an effort to remain informed of the child’s school activities and performance, social stability, health care, daily activities, and so on.
- Maintain mental and physical health of each parent for the child.
- Meet all the child’s needs during crucial development stages.
- Consider any other relevant factors by the Court.
Does the Court favor one parent over the other?
There is no presumption under Florida law that either the mother or father should be given preference concerning custody. The Court prefers that shared custody be practiced.
On the other hand, a Court will grant sole custody to one parent if there is qualifying evidence that proves that shared custody would be harmful to the child. For example, if abuse was present. Otherwise there must be good reason for the Court to grant this particular custody arrangement.
Experienced Child Custody Lawyer Miami at The Law Offices of Aliette H. Carolan, P.A., work with parents who need help establishing or modifying parenting plans on a daily basis.
We have following locations to serve you:
- Coral Gables
There are various ways to establish or modify a timesharing arrangement, all of which depend on specific details related to the situation of the parents, circumstances concerning the children, and the conditions of the separation.
The Court has numerous choices to determine where a child will live and with whom. It may deem that a child splits his or her time equally between both parents, or it may rule that a child lives with one parent primarily. Factors to determine this could be a parent’s schedule, proximity of the primary household to the child’s school, and even neighboring families.
Every case must be handled according to the particular circumstances of the family that is going through the divorce process.
It is important to note that the Court usually considers each parent’s aptitude and capacity to provide care for and foster the development of the children and their relationships. The main focus of any child-centric case is the physical safety, mental health, and emotional well-being of each child.
A parent must be able to prove that he or she can provide the child with stability, homework assistance, timely arrivals at school, food, clothing, medical care, and other material needs.
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Contact Divorce and Family Law Attorney Miami
If you are considering a divorce or paternity action and have questions and concerns regarding child custody and the parenting plan or any other aspects of your divorce, then contact The Law Offices of Aliette H. Carolan, P.A. in Miami, Florida, by calling (305) 358-2330.