Jacksonville Child Custody Lawyer

Why Shared Custody Is Preferred by Florida Courts

Jacksonville child custody attorneys recognize that most parents seeking shared custody of their children do so with the child's best interests at heart.

However, the reverse of this is also true.

Many mothers and fathers who try to deny access to the other parent do so because they believe the influence would be detrimental to the child.

However, barring a compelling reason to prevent the other parent from seeing the child (addiction, abusive behavior, criminal activity, etc.), Florida judges will generally enforce an arrangement giving both parents access to the child.

The preference for shared custody springs from the belief that children benefit greatly from having both parents actively involved in their lives. It provides children with a sense of stability and consistency. The courts aim to foster an environment where children can maintain meaningful relationships with both parents unless specific circumstances suggest otherwise. Parents are encouraged to cooperate in parenting plans that allow them to share responsibilities and parenting time equitably, promoting the child's overall well-being and healthy development.

What Type of Parenting Plan Is Right for You?

The basic element in a parenting plan is the time-sharing schedule and the "rules" that will determine how the parents communicate and share responsibilities concerning their children. The main types of parenting plans are traditional vs. safety-focused and standard vs. long distance.

If the answer to question number 1 is yes, you should design a long-distance parenting plan. If the answer to any of the questions numbered 2 through 9 is yes, you should design a safety-focused parenting plan.

A Jacksonville child custody lawyer from our firm can help you learn more about your case and your available options.

Keep in mind that there is not a one-size-fits-all parenting plan, and these questions are intended to serve as guides in the development of a parenting plan that will take into consideration your concerns and relationship with the other parent.

It is important to consider your children’s individual needs, such as their temperament and the quality of family relationships.

Pros and cons should be weighed, taking into account all factors.

At Owenby Law, P.A., our child custody lawyers have years of experience helping clients in Jacksonville and throughout Florida understand their rights under the law. We also take the time to explain their available options and how we can be of assistance in matters involving custody, visitation, and parenting plans.

Drafting a Child Custody Agreement with Owenby Law, P.A.

At Owenby Law, P.A., our child custody lawyers Jacksonville, FL can assist one or both parents in creating a parenting plan that is acceptable to the family courts.

A joint custody plan should include provisions that address the time-sharing schedule, the daily tasks of child-rearing, and the parental authority for medical, educational, and travel decisions. The courts will generally approve of a shared custody plan that allows both the mother and the father to participate fully in raising the child and authorizes both parents to spend time with the child.

Navigating the nuances of drafting a legally sound parenting plan can be complex. This is why consulting with our team can be instrumental in ensuring all necessary elements are covered. From time-sharing schedules to dispute resolution procedures, we guide parents through each step to facilitate an arrangement that upholds their parental rights and meets court requirements. Our commitment is to support both parents in fostering positive relationships with their children while respecting each parent’s pivotal role in their kids’ lives.

Understanding Florida Child Custody Laws

Florida's child custody laws are designed to provide the best possible framework for the well-being of the child. They focus on maintaining the child's welfare, safety, and happiness above all. The state advocates for continuing contact between children and both parents, unless this contact is proven detrimental to the child. Florida law requires parents to submit a parenting plan for the court's approval. This plan outlines the responsibilities of each parent in regard to decisions about education, healthcare, and the child's overall welfare.

In Jacksonville and across Florida, courts emphasize that both parents should encourage a strong relationship with the child, refraining from any actions that could alienate the child from the other parent. Parental responsibilities and time-sharing are typically divided equally, barring exceptional circumstances. In cases where visitation or custody needs modification, parents must go through the legal system to make changes, supporting the necessity of legal guidance to navigate these processes accurately.

Parental Alienation: A Hidden Issue in Custody Disputes

Parental alienation occurs when one parent deliberately attempts to distance their child's affections from the other parent. This tactic can be overt or subtle and often includes false accusations, manipulation, and spoiling the child's perception of the other parent. While it can be challenging to prove in court, it is a genuine concern affecting many custody arrangements.

The psychological impact on children can be profound, leading to emotional distress and dysfunctional relationships later in life. Courts in Jacksonville take these accusations seriously and may seek expert evaluations to ascertain the truth. If you believe parental alienation is affecting your custody case, it's imperative to document evidence meticulously and work with a legal professional who can help present a compelling argument to the court. Addressing these issues early can prevent further damage and promote healthier family dynamics.

FAQs on Child Custody in Jacksonville

What Are the Grounds for Modifying Custody Orders in Florida?

To modify an existing custody order in Florida, there must be a substantial, material, and unexpected change in circumstances. This could include a parent's relocation, exposure to domestic violence, or significant changes in the child’s environment that may affect their welfare. It is necessary to demonstrate that modifying the custody order aligns with the child's best interests. Legal process adaptation is essential to present a strong case for the modification request, making professional legal assistance invaluable.

How Do Florida Courts Handle Cases Involving Allegations of Abuse?

When allegations of abuse arise in a custody matter, Florida courts undertake a thorough investigation to ensure the child's safety. Child Protection Services may be involved to evaluate the situation. The court may issue a temporary order restricting the alleged abuser's access to the child. Evidence such as testimonies, police reports, and medical records are critical in these scenarios. Ensuring the child’s welfare and protection is the paramount concern, and any custody decision is based on these priorities.

What Is a Guardian Ad Litem and When Is One Appointed?

A Guardian Ad Litem is an advocate appointed by the court to represent the best interests of the child in custody disputes. They conduct independent investigations by interviewing the child, parents, and other relevant parties. Their findings influence the court’s decisions about custody arrangements. Courts usually appoint a Guardian Ad Litem in cases where there are significant concerns for the child’s welfare or whenever the court requires a neutral assessment to guide its rulings.

Can Grandparents Obtain Custody or Visitation Rights in Florida?

While Florida grants grandparents some rights to custody and visitation, these rights are limited and typically hinge on whether the child’s parents are deceased, missing, or in a vegetative state, or if a parent is deemed unfit. Grandparents must demonstrate that living with them is in the child's best interests, often requiring thorough legal proceedings and evidence presentation. The courts prioritize the child's welfare and stability when deciding on granting visitation or custody rights to grandparents.

How Does Domestic Violence Impact Custody Decisions in Jacksonville?

Domestic violence is a critical factor in custody decisions within Jacksonville and throughout Florida. Evidence of violence can significantly impact a parent's custodial rights. The courts prioritize the safety and well-being of the child and the non-abusive parent by potentially restricting the abusive parent’s access or demanding supervised visitation. Documented evidence of domestic violence helps the court make informed decisions to safeguard all involved parties' well-being while resolving custody and visitation issues.