Expert Child Custody Attorneys in Miami
When parents in Florida separate or divorce, one of the most critical issues to resolve is child custody. Understanding how Florida courts determine custody arrangements can help parents navigate this complex process and work towards the best outcome for their children.
The Basics of Child Custody Law in Florida
In 2008, Florida made significant changes to its child custody laws. The state abolished traditional custody concepts and now focuses on creating parenting plans that encourage both parents to be actively involved in their children's lives. Instead of "custody" and "visitation," Florida law now uses terms like "parental responsibility" and "time-sharing".
- Parental Responsibility: Refers to the right and duty to make major decisions about a child's welfare, including education, healthcare, and religious upbringing. Florida courts generally prefer to award shared parental responsibility, allowing both parents to participate in these important decisions.
- Time-Sharing: Replaces the concept of physical custody and visitation. It outlines how much time each parent spends with the child and when. Florida law presumes that it's in the child's best interest to have frequent and continuing contact with both parents.
Factors Considered in Determining Child Custody
When parents can't agree on a parenting plan, Florida courts will make decisions based on the child's best interests. Judges consider various factors outlined in Florida Statute 61.13, including:
- Each parent's willingness to honor the time-sharing schedule and be reasonable when changes are required
- The demonstrated capacity of each parent to determine, consider, and act upon the needs of the child
- The moral fitness of the parents
- The mental and physical health of the parents
- The home, school, and community record of the child
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference
- Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
- The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child
- The demonstrated capacity and disposition of each parent to provide a consistent routine for the child
- The geographic viability of the parenting plan
- The demonstrated capacity of each parent to communicate with the other parent and keep the other parent informed of issues and activities regarding the minor child.
It's important to note that Florida law does not give preference to either mother or father. The court's primary focus is on what arrangement will best serve the child's needs and well-being.
The Role of Parenting Plans
In Florida, all custody arrangements must be formalized in a parenting plan. This document outlines how parents will share the daily tasks associated with raising the child, the time-sharing schedule, and how parents will communicate about the child's activities and needs.
A comprehensive parenting plan typically includes:
- A detailed time-sharing schedule that specifies the time the child will spend with each parent
- Holiday and school break schedules
- Transportation arrangements for exchanges
- Decision-making responsibilities for education, healthcare, and other important matters
- Methods for communicating about the child
Equal Time-Sharing Presumption
As of July 1, 2023, Florida law now includes a rebuttable presumption that equal time-sharing is in the best interests of the child. This means that courts will start with the assumption that children should spend equal time with both parents unless evidence shows that this arrangement would not be in the child's best interest.
Modifying Custody Arrangements
Life circumstances can change, and Florida law allows for modifications to existing custody arrangements. However, the parent seeking the modification must demonstrate a substantial, material, and unanticipated change in circumstances and that the proposed change is in the child's best interests.
How Hoss Hernandez, P.A. Can Help
At Hoss Hernandez, P.A., we understand the complexities involved in child custody cases in Miami. Our experienced attorneys are here to guide you through every step of the process, ensuring that you gather all necessary documentation and meet all deadlines. We offer personalized legal services to help you navigate the custody process and secure the best possible outcome for your family.
Our Services Include:
- Initial Consultation: We can assist you in understanding your rights and options in a child custody case.
- Documentation Assistance: Our team will help you gather and organize all required documents, including parenting plans, evidence of parental involvement, and more.
- Negotiation and Mediation: We will negotiate with the other parent on your behalf to reach a fair and amicable agreement.
- Legal Representation: If your case goes to court, we will represent you and advocate for your child's best interests.
Why Choose Hoss Hernandez, P.A.?
- Local Expertise: With extensive experience in the Miami-Dade area, we understand the specific challenges faced by local families.
- Proven Track Record: Our firm has a history of successful outcomes in child custody cases, helping clients secure the arrangements they deserve.
- Client-Focused Approach: We prioritize our clients' needs and work diligently to achieve the best possible results.
Don't let child custody disputes overwhelm you. Contact Hoss Hernandez, P.A. today for a consultation and let us help you get back on track. Your peace of mind is our priority.
Trust Hoss Hernandez PA for Your Child Custody Needs in Miami
Determining child custody in Florida is a complex process that prioritizes the best interests of the child. By understanding the factors courts consider and the importance of creating a comprehensive parenting plan, parents can work towards arrangements that support their children's well-being and maintain strong parent-child relationships.
If you're facing a child custody case in Miami, consider consulting with a family law attorney who can guide you through the process and help you achieve the best possible outcome for your family. Remember, the goal is to create a stable, nurturing environment for your child, even as your family structure changes.