Child Custody and Relocation

Child Custody and Relocation when Separating or Getting a Divorce in Sarasota

Child custody in Florida refers to the legal and physical rights and responsibilities of parents for the care, control, and custody of their minor children. When parents separate or divorce, the court may need to make decisions about custody and visitation to protect the best interests of the child.

Time-Sharing

In Florida, child custody is referred to as time-sharing, which includes the division of parental responsibility and time spent with each parent. Florida law requires that the court order a parenting plan that outlines the details of time-sharing, decision-making, and other parental responsibilities.  There are different approved parenting plans that address the various degrees of formalities needed to best protect the children, often depending on the level of conflict between the parents.

The Courts will Decide Your Child’s Future!

The court encourages both parents to participate in the child’s life and make decisions jointly when possible. However, the court may award sole parental responsibility to one parent if it is in the best interests of the child and not doing so is determined to be detrimental to the child. The factors that the court considers in making decisions about child custody include:

• The child’s preference if the child is old enough and mature enough to express a preference.
• Each parent’s ability to provide a stable home environment, including adequate food, clothing, shelter, and medical care.
• The physical and mental health of each parent and the child.
• Each parent’s involvement in the child’s life, including the willingness and ability to encourage a relationship with the other parent.
• The ability of each parent to communicate and cooperate with the other parent and make decisions jointly.
• Any history of domestic violence or child abuse.
• The distance between the parents’ homes and the child’s school and other important activities.
• Any other factor that the court deems relevant to the best interests of the child.

A Good Divorce Lawyer Can Help Both Parties Develop A Good Parenting Plan

In Florida, parents can agree on a parenting plan, and the court will usually approve it if it is in the best interests of the child. If parents cannot agree, the court may require mediation or appoint a guardian ad litem to represent the child’s interests. If the parents still cannot agree, the court will hold a hearing and make a decision based on the best interests of the child once it has heard all the evidence presented.

Once a parenting plan is in place, either parent can request a modification of divorce if there is a substantial change in circumstances that is involuntary, unanticipated, and permanent. Which affects the child’s best interests. For example, if one parent moves out of state or becomes unable to care for the child, the court may modify the time-sharing arrangement.

In conclusion, child custody, or time-sharing, in Florida is based on the best interests of the child and considers a variety of factors. Parents are encouraged to work together to create a parenting plan, but the court can intervene if necessary to protect the child’s welfare.

Award Winning Child Custody Attorney in Sarasota Florida

With nearly four decades of experience representing those in need, Leslie Loftus is the top-rated child custody attorney in Sarasota. Count on her expertise and determination to make a difference in your case. Don’t hesitate, let her help you today.