Child Custody Attorney | Orlando
At what age is child support terminated in Florida for a handicapped child who is unable to be gainfully employed?
How will the Florida court determine where my children should reside after the divorce?
In Florida divorce cases, how do attorneys and judges contribute to parent alienation?
We are not married. Can the collaborative divorce process be helpful to us around visitation and custody issues?
Orlando Child Custody, Visitation, and Timesharing
Quite possibly the most trying aspect of a divorce is resolving a dispute regarding child custody. Child custody, visitation, and creating a timesharing or parenting plan is a critical part of a divorce that involves children, and because so much is at stake, it is important that you work with an experienced Orlando child custody attorney so that not only your child’s best interests are protected, but your rights are protected as well. The attorneys at Sperling Ducker PLC are here for you in this time of uncertainty.
The Effects of Divorce on Children and the What “in the Child’s Best Interests” Mean
When the court makes a custody decision, it favors the child’s best interests, not the parents’ wishes. But what is in the child’s best interests? This is based on a wide set of criteria, according to Florida statute 61.13, and includes the following:
- Ability of each parent to facilitate and encourage the parent-child relationship, to honor the time-sharing schedule, and to accept changes responsibly when necessary;
- Ability of each parent to act in the child’s needs, as opposed to their own;
- Geography of parenting plan;
- Length of time child has lived in a stable environment;
- Moral fitness of each parent;
- Mental and physical condition of each parent;
- Child’s preference if they are old enough;
- Ability of each parent to provide a consistent routine for the child;
- Evidence that a parent has provided false information to the court; and
- History of domestic violence sexual violence, child abuse, or child neglect.
However stressful divorce is on the married couple, it is more stressful for the children, manifesting itself in behavioral problems, learning disabilities, and emotional troubles in both the short and long-term. However, children generally recover rapidly after divorce, according to research outlined in Scientific American. Yet, when there is a high level of conflict between the parents during and after divorce, this recovery process is stymied. The court understands how traumatic parental separation is on children, and usually is of the mind that maintaining the relationship with both parents is in the child’s best interest. However, high-conflict relationships may alter this decision, and custody may be granted to one parent alone.
Resolving Orlando Timesharing and Visitation Disputes
Custody, which is now referred to as timesharing and visitation, comes in many different forms. The most common is joint or shared legal custody, in which both parents have legal decision making capacity over their child or children. Sole legal custody, on the other hand, is given to one parent when the court believes that that decision is in the child’s best interests. In this case, the non custodial parent may be awarded visitation rights, which are court-approved times of visitation that the custodial parent cannot deny.
Call Our Orlando Child Custody Attorneys Today
It is never desirable to leave such an important decision, such as child timesharing, in the hands of a judge who does not know you or your child. Yet, when disputes cannot be solved, the court hears both parties and makes a decision based on their arguments. To give yourself the best chance of a desirable outcome, we suggest you call or email Sperling Ducker PLC today.
Struggling with child custody or a divorce? If you are seeking legal representation contact Sperling Ducker PLC, Attorneys and Counselors at Law. Call us at 407-645-3297 or send us a send us a message. Visit our Winter Park and Orlando office. Sperling Ducker serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.