Child custody attorney Miami

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The legal issues involving child custody can be quite challenging to deal with. During this difficult time in your life, you need the professional assistance of a child custody attorney Miami. A dedicated child custody attorney will handle your case with utmost professionalism and respect. At Gallardo Law Firm, our pleasure comes from helping those who need legal support. We are dedicated to helping improve the lives of your loved ones through skillful legal representation. A child custody attorney Miami will push hard for resourceful, positive outcomes while doing everything he can to reach solutions smoothly and professionally.

About Child Custody Laws in Florida

Although child custody laws have evolved over time, the legal implications still remain the same. The law was remanded in order to stop parents from treating their children like private property during court hearings. The new law focuses more on the proper way of nurturing children, instead of who has physical dominion over the child. This law assigns sole parental responsibility in act 2000 on important matters such as religion, education and health issues. These days, parents share two types of child custodies:

  • Legal Custody: Dictates decisions about where a child goes to school, religious upbringing, their welfare and health care. This is the responsibility of both parents. This is why the court generally awards joint legal custody.
  • Physical custody: Dictates the location or home where the child may reside. This also defines how much time the other parent may spend with their child. In other words, this is the person the child spends more time with.

Before the 1970s, temporary child custody in Florida did not exist. No one ever contested the idea that women had to take care of their children. Even today, the Family Court greatly favors maternal custody. In the end, fathers must prove, without a shadow of a doubt, that their ex-spouse is an unfit mother. During those hearings, parents usually accuse each other of brainwashing or emotionally abusing the child. At times, the child may be called to decide which parent they want to live with. The legal advice and representation of the Child Custody Attorney Miami, is always very helpful in these delicate cases.

Hire a skilled Child Custody Attorney Miami to work on your case

Dissolving a marriage is the beginning of a whole new legal process where child custody is one of the most important aspects for those couples who have children. While you are divorcing your spouse, your children will always remain part of your life. Due to the complex issues involving these types of cases, your deserve working with a well-versed child custody attorney in your area who will handle your case with utmost care.

Facts you should know about types of child custody

Custody is very much about who gets the children. The legal issues revolving around the custody of your children should be carefully handled by a child custody attorney. Parents can be either custodial or non-custodial as determined by the court:

  • Custodial parent: The custodial parent is the one that has physical custody of the child, with whom the child lives with or spends most of the time.
  • Non-Custodial parent: This is the parent who has neither legal nor physical custody over the child.
Child confusing about custody

Ideally, there is either joint child custody or full custody. There are still variations depending on the parent’s preferences:

  • Alternating Custody: One parent keeps the child for a limited time, while the other keeps it for another time. While the child remains with one parent, the parent retains full custody over the child.

  • Legal Shared Custody: In joint custody, both parents have rights and obligations on parenting and child support. Time visits and vacation has to be planned in advance so that they may equally enjoy time with their children.

  • Joint Physical Custody: In this case, the child lives in the same house all the time. The father simply alternates time spent ‘in the same house’ with their children. This is sharing custody of a child.

  • Solo Physical Custody: This basically means that one parent has complete legal and physical control over their child. The other parent simply has child visitation rights. These rights define how much access or contact the parent has with the child.

Differences between parties during child custody

Both parents have rights and obligations with the child. This is granted by the judge that has ordered joint custody. But in the case of sole custody, this could bring serious problems between the parents because one of the parties would not agree with the decision and would want to take over the handling of the baby. Although, in the case of joint custody both parents have to provide child support, you can still have a say and can decide what to do for the benefit of your children.

What is a Parenting Plan?

This is a written document that summaries how parents ought to raise their children after they get divorced or separated. This plan doesn’t need to be written with legal terms. It can describe how decisions concerning the child are made, how information is shared between parents, how time is spent with the child, and how parenting issues are addressed.

Fighting for custody of your child: Parental Responsibility

Thanks to the case of Troxel vs. Granville in 2000, biological parents’ rights to raise their children were solidified, as long as parents were fit for the job. In the same year, Florida Supreme Court ruled that child visitation could be denied to non-parents. The court’s interest will not overweight the desire of the parents on how to raise their children. This could only be revoked by factual evidence that proves that the biological parents are neglectful or abusive. The O’Donnell-Lamont case, in 2004 revised this Supreme Court’s ruling. Now parents had to show significant amount of evidence that they acted in benefit of the child. When quotes about parental responsibility are determined by the courts, the court allows parents the responsibility for decision making in order to determine the child’s upbringing. These laws on parental responsibility help make the fight fair.

Child custody and visitation rights

Temporary Visitation in Miami

Visitation rights, ideally, should only be given to non-custodial parents. The period of visitations varies a lot. Non-Custodial parents may have the right to keep the kids on weekends or on holidays. The court may even allow for non-custodial parents that are moving out of state or country to have visitation rights. In either case, the parents must show a parental plan with scheduled visitation dates. It is up to the judge to decide on the length of the visitation. Most of the time, parents have visitation orders without any supervision. Should the parent have shown any erratic behavior, visitations may only occur with the presence of a 3rd party, generally a social worker. At other times, parents may agree on visitation dates without the court interfering or applying relocation laws.

At times, some custodial parents may interfere with visitation dates. When that occurs, courts rarely try to interfere with the custodial parent’s decisions. Judges usually are of the opinion that punishing the custodial parent hurts the child. Sometimes, courts will not give any visitation dates to the noncustodial parent. This is usually done to protect the child, who may be endangered by the lifestyle of the noncustodial parent.

Some circumstances justifying the placement of a child with grandparents may include:

  • Both parents are considered unfit.
  • The parents agree to give the grandparents full custody.
  • Child abuse at home.
  • The parents abuse drugs or alcohol.
  • The parent has a mental illness.
  • One parent is unfit, and the other cannot or will not take the child.

Even in such circumstances, grandparents can’t have full legal custody of a child if other family members also want to request custody of the child. Some courts may even require that grandparents care for the child at least a year before the custody petition is granted.

Gallardo Law Firm assisting families before, during and after a child custody battle

At Gallardo Law Firm we offer legal representation on cases of divorce and child custody by allowing the judge to decide what is best for the child. Laws in Florida regarding child custody are usually arranged in mutual agreement. However, the judge must first approve the agreement made between parents. The judge cannot give his or her approval if the agreement is not good for the children, or if the amount agreed upon it’s below state standards. If parents do not agree, the judge will decide the details of the arrangement. Obtaining child custody it’s easier with the help of a good family law firm Miami. Contact a child custody lawyer today to find out more about how you can protect your child’s future. An attorney can give you more details on how is custody determined.


Questions and Answers about Child custody attorney Miami

Common Questions and Answers about Child custody Miami

It is the right and obligation that is attributed to one spouse to care for, attend and make decisions about the children.
In court, judges rely on several factors to decide which parent will get granted custody including physical and mental stability.
The judge decides based on parental income, number of children, and expenditures to raise the child.
The money generally can be deducted directly from salary. The courts can confiscate cars, property or bank accounts for parental responsibility. Also refunds of federal and state taxes may be withheld and parents who do not pay can be jailed. Even if the father declares bankruptcy, the cost of child support statistic has to be paid.
If there has been a history of domestic abuse, the court may not grant joint custody automatically. The court may grant joint custody after domestic abuse only if the parental responsibility for the actions of children is not affected. You may also start an action under the Domestic Abuse Act for an order of protection. You can call the police for an alleged domestic abuse.
The court may give primary care to children living with that parent more time with the other parent. The court may give custody to both parents for equal time.
If you are married to the other parent, or form a pair of recorded fact, you can request child custody. If you do not want a divorce, legal separation or annulment, you can start a case in court presenting the petition for custody and support of minor children. Moreover if the parents are not married and do not form a legally married couple, you may request orders for child custody. You can go to Gallardo Law Firm for more information and legal advice.
The parent who has custody of the child can move to another state but has to agree with the other parent to do so. We suggest that you sign an agreement of views, food and everything else in writing.
Locate the information given above and contact Gallardo Law Firm where we will give you all the information you may need.