Divorce can be problematic for any child, but it can be particularly so for special needs kids. Children -- especially those with unique qualities -- need consistency and routines in their daily lives.
When it comes to child custody cases, judges are supposed to focus on what is in the child's best interest. Domestic violence accusations, even if they're unproven, can adversely impact a parent's child custody rights, though.
No parent wants to be limited in sharing time with their kids. Moms and dads have to come to terms with doing so once they break up, however. Finding a custody schedule that works for your kids largely comes down to your child's age and their outside obligations. Ultimately, it's your job to do what's in the best interest of your children.
If you and your ex have split up and you're having difficulty working out a parenting plan among yourselves, then you may need to ask a judge to step in and make decisions for you instead. This may be easier said than done though. It's the responsibility of the Fort Myers family law judge presiding over your Florida case to make decisions that they believe are in the best interest of your child. This focus could result in your criminal ex being allowed to continue doing their part to raise your son or daughter.
Most of the time, the authorities prefer to stay out of custody issues once a parenting plan and visitation schedule is set. The courts won't usually hear requests for modifications of an order unless there's a significant change in the circumstances for those involved.
Family law judges tend to award both parents joint legal and physical custody whenever possible. They often do this because they've read how children fare best when they spend equal amounts of time with each parent. Splitting custody 50-50 isn't always what's in the best interest of the child though. It's in cases like these that judges tend to award primary physical or legal custody to one of them. That mom or dad then comes to be referred to as the custodial parent.
There are many different types of custodial arrangements that parents request here in Florida. Each status carries with its obligations and limits. Today, let's take a look at what it means to have legal custody of a child.
Florida parents have two different options when it comes to reaching agreements about how to share custody of their kids. They can broker a deal among themselves whether alone or with the help of a mediator. If they can't work out a resolution among themselves, then Florida parents can litigate their custody cases in front of a judge. A court has to sign off on any parenting agreement. Penalties including criminal charges may be assessed if a parent violates a parenting order. One Florida mom learned this the hard way this past week.
Most Florida judges aim to keep kids and their parents together whenever they can. They do this because they believe that it's in the best interests of the children to do so. Some instances are just too serious that it becomes impossible to allow a parent to continue having custody of their child. It's in these instances when judges often award sole custody to only one parent.
It doesn't matter how long you've been divorced. Spending the holidays away from your kids may become less hard on you over the years, but it still hurts. There are some things that you and your ex can do to make sharing your kids during this holiday season a bit more pain-free for all parties involved though.