When you and your child’s other parent are not parenting in the same household, it is important to have a child custody arrangement in place. Doing so can help protect your children and maintain the stability they need during this difficult time.
If you are unable to come to an arrangement on your own, a Gainesville family law lawyer at Bogin, Munns & Munns can advocate for your rights and that of your children. We are here for Florida and here for you.
Call now to find out what our Gainesville child custody lawyers can do for you.
Why Legal Support Is Critical in Child Custody Cases
If you and your child’s other parent are unable to resolve your custody dispute, the decision will be taken out of your hands and made by the judge presiding over your case. Instead of leaving your family’s future up to chance, let our Gainesville child custody lawyers:
- Put your children first
- Figure out what the right custody arrangement is for your situation and fight hard to obtain it
- Collect evidence that supports your requests
- Represent you in the courtroom and at meetings with the other parent’s representatives
Make sure your family determines your child custody plan as opposed to the court. Call Bogin, Munns & Munns for a free consultation today.
To consult with an experienced child custody lawyer serving Gainesville
(855) 780-9986
Types of Child Custody in Gainesville
There are several types of custody agreements that may be appropriate based on the circumstances of your case. Florida law does not specifically reference legal, physical, joint, or sole custody. Instead, it discusses parenting time and parental responsibility.
Parental Responsibility (Legal Custody)
Parental responsibility, also commonly referred to as legal custody, refers to all the major decision–making that comes with parenting. A parent who retains legal custody has the authority to make major life decisions regarding their children, including:
- Healthcare treatment and medical decisions
- What extracurricular activities your child will participate in
- Whether your child will attend public or private school or be homeschooled
- What religious faith they are raised in, if any
These are only a few of the decisions that fall to the legal custodian.
Parenting Time (Physical Custody)
Parenting time, also commonly referred to as physical custody, refers to the physical address where the children primarily reside.
The parent that retains physical custody of the children is often referred to as the custodial parent, whereas the parent who does not have physical custody is referred to as the noncustodial parent.
Parents who do not retain physical custody of their children may still be entitled to legal custody rights and regular visitation.
Joint Custody
Parenting time and parental responsibility are the two primary types of custody plans. But there are variations of these agreements. One of the most common is joint custody. Here, parents share legal and physical custody of their children.
If parents have joint custody of their kids, they will have to make all major upbringing decisions together and discuss these decisions prior to implementing them.
In cases where parents share joint physical custody, the children may spend half their time at one parent’s household and the other half at the other parent’s home. However, you do have the opportunity to formulate your parenting time based on what works best for you and your family, as long as both parents can agree.
Sole Custody
Sole custody agreements refer to one parent having the legal and physical custody rights of the children.
Parents who retain sole custody are their children’s sole decision-maker and provider. This is not to say a parent who retains sole custody is not entitled to child support from the other parent, nor does it suggest that the parent who does not have custody is not entitled to visitation rights.
Visitation Rights
Visitation rights refer to the parent’s right to spend quality time with their child. Parents in joint or sole legal or physical custody agreements will also have visitation rights. Only in extreme circumstances will a parent be denied visitation rights by the court.
In many cases, when one parent has been accused of domestic abuse or substance abuse issues, the court may order supervised visitation as opposed to granting the parent any physical or legal custody rights.
How Is Child Custody Determined in Gainesville?
Under Florida Statutes § 61.13, parents are encouraged to enter into joint or time-sharing arrangements wherever possible. Florida’s family courts strive to act in the best interest of the children, which usually means having both parents spend quality time with their children.
Parents have the opportunity to work out a child custody agreement that works best for them prior to going to court. This is called a parenting plan.
Even when both parents agree on what the plan should include, you must fill out a form stating:
- Who will make major and/or day-to-day decisions regarding the children’s well-being
- A regular time-sharing schedule and special schedules for holidays and school breaks
- How often the parents will be in contact and what information they will share
- Any other necessary provisions
If you are unable to work with your child’s other parent, you may need to go through court-ordered mediation. You can also have a parenting counselor or coordinator assist you. If all else fails, the judge may have to make the final decision.
Our Gainesville child custody lawyers can represent you during any disputes with the other parent and review your parenting plan to ensure it is in your children’s best interests.
Common Child Custody Issues
Parents may struggle to come to an agreed-upon child custody plan because:
- One parent wants to relocate out of state
- One parent has substance abuse issues
- One parent is accused of domestic abuse or violence
- One parent has been arrested for or convicted of a criminal offense
- The parents disagree on how to raise the children
- There are unstable environments within the home
- The parents fail to communicate with their children or each other
- One parent withholds visitation rights
Bogin, Munns & Munns can help sort through these issues with you. Nothing is more important than your child’s welfare, and we will keep that at top of mind throughout your case.
Gainesville Child Custody Lawyer Near Me
(855) 780-9986
Speak With a Gainesville Child Custody Lawyer Today
Get help with family law issues by hiring a Gainesville child custody lawyer at Bogin, Munns & Munns today. A member of our legal team is standing by for your no–obligation consultation when you call our office.
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