St. Augustine Child Custody Lawyers

Prioritize Your Parental Rights with Owenby Law, P.A. – (904) 674-8779

Your divorce may become heated when you try to decide how to resolve child custody issues and parental rights. You may want to be the only one who gets child custody rights, but so might your ex-spouse. At the same time, a Florida family law court tends to try to resolve matters by using a shared parenting agreement.

To figure out your custody case without getting frustrated, come to Owenby Law, P.A. Our child custody attorneys in St. Augustine are here to help you protect the best interests of your child and your own, just as we have for so many other clients throughout our years of legal experience. We are even familiar with complex divorce circumstances, such as military divorce with children.

What is Child Custody?

Child custody is the legal concept in Florida family law that considers whether the parent or guardian of a child should have parental responsibilities and rights over that child. If you want to keep parental rights as a parent going through a divorce, you’ll need to fight for custody rights, which is what we’re here to handle on your behalf.

Custody is usually split into two distinct forms of custody:

1. Legal: Legal custody refers to the right to make important decisions for the child, such as those relating to education, medical care, and religious upbringing.
2. Physical: Physical custody refers to the right to live with the child.

What is a Parenting Plan?

A parenting plan is a legal document that outlines how child custody will be split between both parents when the divorce is finalized. Within a parenting plan, there should be descriptions of parental responsibilities and how custody schedules will be handled, including holidays and other important dates. If physical custody belongs to one parent (who becomes the sole custodial parent), then the parenting plan should also describe visitation rights and schedules for the noncustodial parent.

What Type of Parenting Plan Is Right for You?

Parenting plans are usually formed in one of two ways:

1. Sole: If a parent has sole custody of the child after divorce, the parenting plan will describe how all legal and physical custody rights belong to that parent alone. Visitation rights might be outlined in this plan to allow the noncustodial parent a chance to spend time with their children, depending on the case.
2. Shared: If both parents are to retain child custody rights after divorce, then joint or shared custody is usually arranged to be 50-50. In a 50-50 parenting plan, the child spends an equal amount of time with both parents on an alternating schedule, and each parent has an equal say in the important decisions to be made for the child.

Parenting plans are highly customizable, though, especially with the input of a child custody attorney from our firm. If you want shared custody but 50-50 won’t work for your family, we can discuss alternatives that keep everyone happy and uphold the best interests of your child. 

How Florida Determines Child Custody

Every decision made in a Florida family law court will need to reflect, protect, or not harm a child’s best interests. As such, child custody will be assigned to you and your ex-spouse depending on how the court sees who is and who is not fit to have parenting rights. We can help you prepare an argument for the court that shows you are capable of parenting and should be prioritized over your ex-spouse if desired.

Courts consider the following aspects and more when deciding child custody:

• Age of your child
• Special education and living space needs of your child
• Relationship between your child and each parent
• Health and well-being of each parent
• Financial stability of each parent
• Each parent's willingness to cooperate

Remember that Florida courts want to assign shared custody as a default, as it is believed that children tend to develop better when influenced and raised by two parents. If you have reason to believe your ex-spouse should not be allowed to raise or live with your child after divorce, then let our St. Augustine child custody attorneys know.

Courts do not want to assign child custody to parents who have:

• Recent criminal records or violent criminal backgrounds
• No stable or dependable source of income
• Health conditions that debilitate them regularly
• No permanent place of residence

How to Obtain a Child Custody Order in Florida

If you want a child custody order in Florida, your first step should be to talk to our attorneys. We can help you through the entire process of filing for and obtaining one, which must go through the right family court. In St. Augustine, most family law matters will go through the St. Johns County Clerk of Court, part of the Richard O. Watson Judicial Center, located at 4010 Lewis Speedway. Our firm is familiar with this court and the people who staff it, so we’ll be prepared to handle your case through its procedures.

When you want to obtain a child custody order, you can count on us for help with:

• Discussing your child custody goals and what options might be available to you.
• Helping you request orders for a parenting plan with the court (as well as orders for time-sharing schedules and child support if necessary).
• Collecting information and evidence that supports your argument for the type of parenting plan and custody division you think is best for your child.
• Attempting to mediate a fair child custody agreement with your spouse and their legal representatives.
• Bringing the child custody agreement to the court for final approval; or,
• Representing you during courtroom hearings if no agreement can be made otherwise.

Understanding Local Child Custody Challenges in St. Augustine

Living in St. Augustine, you are part of a community that values family and tradition. However, navigating child custody issues here can be particularly challenging due to the unique dynamics of our area. The St. Johns County Courthouse, located right in the heart of St. Augustine, is where many local custody cases are decided. Understanding how local judges interpret Florida's child custody laws can significantly affect your case.

One common pain point for parents in St. Augustine is the seasonal influx of tourists, which can complicate visitation schedules and create additional stress. Our Owenby Law, P.A. team is well-versed in addressing these local challenges. We know how to craft custody agreements for the busy tourist seasons, ensuring your parenting time is protected and consistent.

Additionally, St. Augustine's proximity to military bases like NAS Jacksonville means that many families here deal with the complexities of military divorce and custody arrangements. We understand the unique pressures that military families face, including deployments and relocations, and we are prepared to help you navigate these issues effectively.

We also recognize the importance of local resources such as the St. Johns County School District and local healthcare providers. These institutions play a crucial role in your child's life, and we ensure that your custody agreement considers their needs and schedules. Whether it's coordinating with local schools or understanding the best healthcare options available, our team is here to support you every step of the way.

At Owenby Law, P.A., we are committed to helping St. Augustine families find the best solutions for their child custody issues. We know the area, we know the local pain points, and we know how to help you achieve a favorable outcome. Contact us today to discuss your case and learn how we can assist you in protecting your parental rights.

Call Owenby Law, P.A. at (904) 674-8779 Today to Begin

Get our child custody attorneys in St. Augustine on your side when you draft your child custody agreement. We will ensure your best interests and parenting rights are respected and remembered as the agreement is formed. To get started, schedule a no-cost, no-obligation case evaluation today.