Child custody and visitation are the biggest issues that affect couples when they divorce or separate. Both parents have equal access to the children under Florida law. One parent cannot deny custody and visitation to the other. All decisions that affect child in Florida family law is based upon the “best interests” of the child standard. That means, Courts are to consider what is in the child’s interests first, not the parents.
At the Kirlew Law Firm, our Miami child custody & visitation attorneys help our clients protect their parental rights with respect to custody and visitation. We try to help our clients avoid surprises and pitfalls that come with a shared custody and visitation schedule. But conflicts will arise, especially when it comes to decisions on school, religion and health care. These conflicts in scheduling and raising children are why you need a trusted lawyer at your side. We will fight to protect your children first and ensure that their best interests are protected.
When trying to establish a custody and visitation plan, the best advice is to stick to a uniformed schedule. When one parent can establish that they are providing a structured environment for the child with a schedule of education and extracurricular activities that goes a long way in proving to a Court that it is in the best interests of the child to stick to the current plan.
- Will I get joint or sole custody?
- What if my former spouse and I can’t agree on a timesharing schedule?
- Who will get the majority of overnights with the child?
- How will we divide up holidays and spring break?
- Do we agree on religion for the child?
- Who will decide the doctor and dentist for the child?
- Do we agree on the school for the child?
- Who will make the emergency medical decisions for the child?
- What if I want to relocate with the child to another city or state?
- Who will pay for travel for the child to visit the other parent?
- Was there prior domestic violence, abuse, drug or alcohol addiction by any parent during the relationship?
- Was the child affected by any physical or emotion abuse at the hands of one parent?
- Did the child witness physical and/or emotional abuse by one parent to the other?
Establishing sole custody of the children is a very high burden in Florida. There is a presumption in the law that both parents are to have equal access to the child. But it is not impossible. If one party wants to get sole custody and decision making as it relates to the children, and limit the visitation rights of the other parent, then the party seeking sole custody must prove through evidence why it is in the best interest of the child for the Court to grant such relief. Usually, you are looking for evidence that the other parent is physically and emotionally abusive, drug or alcohol addicted, lacks the proper resources to care and raise the child, refuses to follow court orders as it relates to the child, etc. It is a high burden to get sole custody of child and requires a lot of work.
Contact the Kirlew Law Firm to get answers to your questions. We are prepared to take the time necessary to ensure that you understand all the issues that will affect your children.
Call the Kirlew Law Firm at 305-521-0484 for a no obligation consultation