When you are involved in a divorce and you are seeking custody of your children, there are many factors that need to be considered. You will need to understand the legal aspects of child custody, such as the right to visitation and support.
In establishing legal child custody, the court looks at many factors. These include the mental and physical health of the parents, the home environment, the children’s needs, and the totality of the circumstances.
There is a long-standing rule that the best interests of the child are the most important consideration. This rule is enshrined in DRL 70. However, it does not mean that all cases are equally important.
The court will often look at the parties and ask what their preferences are. The judge can also evaluate other evidence. For example, if a parent has substance abuse problems, the court will look at the situation in light of the fact that one of the parents might not be able to provide the child with proper care.
Another factor the court will consider is the primary caretaker of the child. The parent who has the primary caretaking duties is considered to be the custodial parent.
Some courts refer to this as the ‘primary placement’ of the child. If the child’s parents cannot agree, then the court can establish a visitation schedule.
There are a number of factors that the court will consider when it decides how to establish physical custody of a child. They will try to ensure frequent contact between the child and the parent. These factors include the mental health of the individual, the environment the child will live in, and the wishes of the child.
The decision should always be made with the best interests of the child in mind. This means taking into consideration the wishes of the child and how the parents can work together to create an atmosphere that will benefit the child.
Shared physical custody gives children the opportunity to have two homes. In addition, it offers children the chance to have two engaged parents.
When it comes to legal custody, the court will look at the parent who is the one to provide a child with the legal authority to make important decisions. That includes education, medical care, and extracurricular activities.
If the court establishes child custody, the parents may be able to negotiate a visitation schedule. The schedule could be based on the daily schedules of the two parents. A common visitation schedule might be every-other weekend or two weeks during the summer.
However, this is not a guarantee. There are times when a parent will refuse to follow the agreed-upon schedule. This can lead to a legal dispute. It is best to consult an established child custody attorney serving Miami before attempting to modify the court’s visitation schedule.
There are many factors that go into determining a court’s decision regarding child custody. Generally, the court will consider the best interests of the child. Specifically, the court will look at the parent’s ability to care for the child.
Some courts will award joint custody. Joint custody means that both parents have joint control over the child’s education, religious upbringing, and medical care. Typically, a court will award joint custody to parents who can communicate well, and who can effectively perform their duties as parents.
The court establishes child custody in accordance with the best interests of the child. This involves considering the wishes of the parents, the relationship between the children, and the physical and mental health of each individual involved.
A parent may file for a modification of an existing order. To do so, he or she must show that there has been a significant change in circumstances since the last order. In addition, the non-custodial parent must receive notice of the case and be given the opportunity to appear before the Support Magistrate.
The Law Department’s Interstate Child Support Unit handles petitions to enforce child support orders. It also helps with establishing parentage and assists with modifications to existing orders.
Joint custody is when two parents share decision-making authority for their children. When the parents live apart, a shared custody arrangement becomes impractical. Alternatively, the courts can award sole custody to one parent.
A parent’s finances play a large part in determining custody. Specifically, the Florida Child Support Standards Act formula is based on 7.65% of the parent’s gross income.