For divorcing parents in southeast Florida, Weiner & Weiss, LLC in Boca Raton provides compassionate legal advice and counsel in child custody matters, including the creation of parenting plans and time-sharing schedules.
The traditional way of thinking about child custody—in terms of primary custody, secondary custody and visitation—is no longer appropriate in Florida; however, the word “custody” is still used when discussing parental rights and responsibilities after divorce, and generally encompasses the following issues:
When it comes to custody or “time-sharing” as it is now called, it is Florida’s public policy to assure that minor children have frequent and continuing contact with both parents after the parents separate or divorce, and to encourage parents to share the duties and joys of child-rearing. This means that a father is given the same consideration as the mother in determining the primary residence of the child, and that a parent who prevents the other parent from seeing the child will essentially be in contempt of court.
Courts may consider many factors when deciding issues related to child custody, but the primary concern is always the best interests of the child. (For a list of factors, please see our time-sharing page.) This means that courts often favor parents who show more concern for their children’s needs than their own. For example, a court will likely favor a parent that allows and encourages a continuing relationship with the other parent, including honoring the time-sharing schedule and being reasonable to any changes that may occur.
Stability and the length of time the child has lived in a particular environment will also play a role in the decision. Courts support the idea that a child’s life should not be severely interrupted because the parents decide to be apart.
Florida’s policy in favor of shared parental responsibility will not apply if a court finds that it would be detrimental to the child. For example, parents may lose custody or time-sharing rights if there is evidence of drug or alcohol abuse within a parent’s home. Our divorce attorneys have experience handling cases where substance abuse is an issue, and understand how addiction can impact a court’s decision with regard to parenting plans and time-sharing.
If you live in Broward or Palm Beach County and have a child custody concern, the attorneys at Weiner & Weiss, LLC in Boca Raton can provide the answers and representation you need to achieve a positive result for you and your children. Please contact our offices to schedule a consultation with an experienced Florida family lawyer.