A Florida family law judge's primary responsibility in child custody cases to make decisions that they believe are in your son or daughter's best interests. Many of them take this to mean that they should only approve parenting plan orders that allow both you and your ex to spend equal amounts of time with your child. If there's an existing visitation order in place and something happens that makes you uneasy about turning over your child to their other parent; then you'll want to be cautious about handling the situation. If you're not, then you may unnecessarily expose yourself to legal liability.
Couples generally aren't on good terms when they break up or divorce. Emotions can become skewed and contorted when there are children involved. Some parents may even be so vengeful that they engage in the act of parental alienation.
One of the reasons why couples get divorced is because their communication breaks down. It shouldn't come as a surprise that these same problems only intensify once a couple splits up. It's often difficult for former spouses to have level-headed or amicable conversations about child custody. The advent of Parental Coordination has come into play to help in instances like this.
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.