Child custody attorney Miami
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.
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
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.