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Florida law prioritizes the best interests of the child over defaulting custody to one parent. Both parents have equal standing, aiming to provide the child with quality time with both.
For unmarried parents, the mother is initially granted full custody. This can change once the father establishes paternity.
When parents cannot agree on a time-sharing plan, a judge will decide based on the child’s best interests. Florida’s custody decisions focus on the child’s well-being, recognizing that children are significantly affected by divorce. It’s crucial to demonstrate that your proposed arrangement serves the child’s best interests.
Florida considers various factors when determining time-sharing arrangements, including:
Each parent’s ability to provide for the child’s needs.
Parents’ physical and mental health.
Stability of their homes.
Geographical feasibility.
Willingness to facilitate contact with the other parent.
Any history of domestic violence.
Child custody can take various forms:
An unfit parent in Florida is defined by criteria such as child abuse, neglect, abandonment, a history of drug abuse, and mental illness. There isn’t a specific age at which a judge will consider a child’s preferences regarding custody. Instead, the judge uses discretion to determine if the child is old enough to understand the choice and possess the necessary intelligence and familiarity with both parents. Consulting with a Miami custody attorney is essential to effectively present evidence in these sensitive matters.
In cases marked by toxic parental relationships, suspected abuse or neglect, or mental illness, courts may appoint a guardian ad litem. This impartial guardian investigates and makes recommendations by interviewing family members, teachers, doctors, and the children themselves, all focused on the child’s best interests. If parents cannot agree on significant decisions, a judge will make those choices on behalf of the child. Miami custody lawyers are crucial in ensuring that the guardian ad litem’s recommendations align with the child’s best interests.
Every custody case has its unique challenges, especially when both parents disagree on key issues. Our Miami child custody attorneys are experienced in crafting tailored strategies that consider the complexities of each case. Whether negotiating an amicable agreement or advocating in court, our Miami child custody attorneys are committed to securing the best possible outcomes for you and your child.
Altawil Law Group is committed to providing exceptional legal services in Miami, Broward, Palm Beach, and beyond. Whether you’re in need of a divorce lawyer in Fort Lauderdale, a family law attorneys in miami, or the best criminal defense attorney in Brickell, we are here to help. Contact us today to learn more about how we can assist you with your legal needs.
