When parents decide to separate or divorce, their primary focus is often determining an appropriate custody arrangement for their child. While some parents can reach a mutually agreeable custody agreement, many find themselves embroiled in contentious custody litigation. If you are faced with a custody dispute in Fort Lauderdale, it is crucial to seek the guidance of a skilled attorney who can help you protect your rights. The dedicated Fort Lauderdale child custody attorneys of the Law Offices of Carmen G. Soto, P.A., are committed to advocating for your parental rights and pursuing a custody agreement that is in your child’s best interest. We have extensive experience handling child custody cases and regularly represent parties in Fort Lauderdale and other cities across Broward County.
When parents cannot reach a custody agreement, they will often seek legal intervention. In Florida, when the courts evaluate a custody matter, they aim to determine a custody plan that prioritizes the child’s best interests. The court evaluates various factors to make this determination, including the physical and mental health of each parent and the child, which parent is the historical caretaker of the child, and each parent’s ability to meet the child’s physical and emotional needs. Additionally, the court will consider the proximity of the parents and the presence of siblings in either household and any other factor that is in the best interests of the child. However, the court is prohibited from considering the gender of either parent when making custody decisions.
In Florida, legal custody is known as parental responsibility. Essentially, parental responsibility encompasses the authority to make significant decisions regarding the child’s upbringing, such as determining the child’s healthcare, education, and religious instruction.
By default, shared parental responsibility is presumed to be in the child’s best interest, as it allows both parents to share decision-making responsibilities. In certain cases, though, the court may grant one parent sole parental responsibility. For example, if one parent is currently abusing drugs, the court may find it in the child’s best interest to grant the other parent sole parental responsibility. Alongside determining parental responsibility, the court must also establish a plan for physical custody, known as time-sharing in Florida. After analyzing the evidence submitted by the parties and the facts of the case, the court will typically set forth an order establishing parental responsibility and a time-sharing schedule.
Parties can seek modifications of custody orders under certain conditions. To obtain a modification, the requesting party must demonstrate a substantial, material and significant change in circumstances since the issuance of the existing order and that the change necessitates a modification. Examples of such changes can include a parent or child experiencing a health issue, a parent relocating, or a parent refusing to comply with the current order. They must also prove that the requested change is in the best interest of the child involved. The factors considered when evaluating whether a modification would benefit the child are the same as those examined during the initial custody determination. If the court determines that a change is warranted and that it serves the child’s best interest, it will likely grant the modification request.
Child custody disputes can quickly escalate, as co-parents may disagree on what is in the best interest of their child. If you require assistance with a child custody matter, it is crucial to meet with an attorney. The trusted Fort Lauderdale child custody attorneys of Law Offices of Carmen G. Soto, P.A., have ample experience handling child custody cases, and if we represent you, we will fight to help you seek the best legal outcome available. Our firm has a team of staff and attorneys who are fluent in Spanish, enabling us to effectively serve our Spanish-speaking clients. We understand the financial challenges that individuals face when pursuing custody actions, and we offer loans and flexible payment plans tailored to their economic circumstances. Our office is conveniently located across from the Broward County courthouse in Fort Lauderdale, which saves our clients parking fees and travel expenses. We regularly serve clients in various cities within Broward County, including Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, and Coral Springs. To schedule a consultation, you can reach us at 954-523-0703 or through our online contact form.