Child Custody Lawyers in Lakeland and Polk County
Navigating child custody issues can be incredibly difficult due to the emotional turmoil involved and the high stakes for all parties; especially the children. Parents often grapple with feelings of fear, anger, and sadness, making it challenging to approach negotiations rationally. The complexities of custody laws can be overwhelming, with various factors like the child’s best interests, parental fitness, and living arrangements influencing decisions. Additionally, differing opinions and conflicts between parents can escalate tensions, leading to prolonged disputes and legal battles. This challenging environment can create stress and uncertainty, making it difficult for parents to focus on what truly matters: the well-being and stability of their children.
Enter Mint’s experienced child custody lawyers. Serving Florida’s legal needs since 2003, Suzi Moore knows first-hand the importance of child custody and its impact on everyday life. At 21 Ms. Moore was a freshly divorced single parent searching for a means a supporting her young daughter. Once she decided to go to college and then eventually law school, scheduling and custody around her daughter’s care became paramount. Having lived child custody issues first hand, the attorneys at Mint know the importance of securing an order that will allow for you and your child’s best lives.
How is Child Custody Determined in Florida?
In Florida, child custody determinations are primarily governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and Florida Statutes, particularly sections 61.13 and §61.514 of the Florida Statutes. The primary consideration in these determinations is “the best interests of the child,” which encompasses a number of factors and legal standards. Importantly, the UCCJEA establishes jurisdictional rules for child custody cases to avoid conflicts between states. Under §61.514, Florida courts have jurisdiction to make an initial child custody determination if Florida is the child’s “home state” at the time of the commencement of the proceeding or was the child’s home state within six months before the commencement of the proceeding, provided the child is absent from the state but a parent or person acting as a parent continues to live in the state.
Once jurisdiction is established, the court evaluates the best interests of the child by considering various factors outlined in §61.13(3) of the Florida Statutes. These factors include the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, the anticipated division of parental responsibilities, the demonstrated capacity of each parent to act upon the needs of the child, the length of time the child has lived in a stable environment, and the geographic viability of the parenting plan. In cases involving domestic violence or other safety concerns, the court may consider these factors when determining custody arrangements. The court must ensure that the custody arrangement protects the child and any other family members from harm.
What is a Parenting Plan and When Are Parenting Plans Used?
A parenting plan is a document created to govern the relationship between parents concerning decisions that must be made regarding their minor children. It must include a time-sharing schedule for the parents and children and address issues such as the children’s education, healthcare, physical, social, and emotional well-being. Parenting plans are used in all cases involving minor children, including dissolution of marriage, paternity actions, and modifications of existing custody arrangements.
The plan must be developed and agreed to by the parents and approved by the court. If the parents cannot agree on a plan or if the agreed plan is not approved by the court, the court will establish the parenting plan, with or without the use of parenting plan recommendations from court-appointed professionals. The parenting plan must describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the child’s upbringing, specify the time-sharing schedule, designate responsibilities for health care and school-related matters, and outline the methods and technologies for parent-child communication.
Is it Possible to Modify or Change a Parenting Plan?
A parenting plan can be modified if the petitioner can demonstrate a substantial and material change in circumstances since the original plan was established and the modification is in the best interests of the child.
The substantial change in circumstances must be significant and not reasonably anticipated at the time the original judgment was entered. Examples of changes that have been considered insufficient include improved mental health, overcoming alcohol abuse, and the aging and increased maturity of the children. Additionally, a parent’s relocation alone is not enough to constitute a substantial and material change unless it impedes the existing time-sharing plan.
The process for requesting a modification must be initiated by a supplemental petition. The petitioner must provide detailed facts supporting the change in circumstances and explain why the modification is in the best interests of the. The court will then evaluate all relevant factors affecting the welfare and interests of the child when making its determination.
What Happens When a Parent Seeks to Move Away?
When a parent in Florida seeks to move far away, specifically more than fifty miles from their current residence, they must comply with the procedures outlined in §61.13001 of the Florida Statutes. This statute requires the relocating parent to either obtain an agreement from the other parent and any other person entitled to access or time-sharing with the child or, in the absence of such an agreement, to file a petition with the circuit court for approval. The court has the authority to modify the time-sharing arrangements to ensure that the child maintains frequent, continuing, and meaningful contact with the non-relocating parent, provided it is financially affordable and in the child’s best interest.
When Does a Parenting Plan Expire?
A parenting plan in Florida remains in effect until further order of the court. Any substantial changes to the parenting plan must be sought through the filing of a supplemental petition for modification. Temporary changes may be made informally without a written document, but if the parties do not agree, the existing parenting plan continues to be in effect. Once the child turns 18, the parenting plan generally expires. However, there are exceptions where the court may require support beyond the age of 18. Specifically, if the child is dependent due to a mental or physical incapacity that began before reaching the age of majority, or if the child is between 18 and 19 years old, still in high school, and expected to graduate before turning 19, the court may order continued support
Mint Attorneys Can Help With Child Custody Issues
Mint’s attorneys are invaluable in navigating child custody issues because we provide expert legal advice and representation that is tailored to your specific situation. Not only do we retain years of legal experience in assisting with child custody issues – we have actually lived them in our personal lives. This unique combination of practical and legal experience allows us to effectively and knowledgeably navigate the laws and regulations governing custody arrangements, ensuring that our clients have a better shot of obtaining their stated goals. With the knowledge of experienced attorneys on their side, we have found that our clients can better manage the emotional stress of the process, allowing them to focus on what matters most: the well-being of their children.