When a couple divorces, children are often caught in the middle of the back-and-forth between their parents. To avoid catching your child in this trap, you can have an Orlando child custody lawyer from our firm iron out the details.
The attorneys at Bogin, Munns & Munns are familiar with all aspects of child custody litigation. Keeping the well-being of the children in mind is our team’s top goal as we work with you to resolve issues, answer questions, and guide you through the court process.
Call now to learn how our Orlando family law lawyers can assist.
When a Lawyer for Child Custody Cases Is Necessary
Whenever the welfare of a child is involved, it is beneficial to have a child custody attorney. Our legal team is tasked with looking out for the children’s best interests as a divorce unfolds.
In many cases, both parents agree on what is best for the children, and custody arrangements can proceed with little fuss. However, when one spouse or the other (or both) is extremely bitter, or if there are accusations of abuse or unfit parenting, a messy divorce can become a power struggle over the children.
An Orlando child custody lawyer from Bogin, Munns & Munns can help parents by:
- Developing a parenting plan
- Negotiating on custody arrangements
- Collecting evidence to show why each parent is (or is not) fit to look after their children
- Explaining Florida’s child custody laws and how they apply to your case
- Preparing you to testify in front of a judge, if necessary
- Making other courtroom preparations
- Taking action if one of the parents fails to fulfill their parental responsibilities or if their situation changes
Our main office is located right here in Orlando. This means our law firm is familiar with local courts and judges, and that you do not have to travel far from home to get the advice you want during this difficult time.
You Put Your Children First. So Do We.
Nothing is more important than the safety, security, and happiness of your children. If you have questions about family law or are unsure about how to protect your children during a separation or divorce, our attorneys can provide all of the information you need to make the right decisions.
Call Bogin, Munns & Munns today for a confidential consultation from a member of our team.
To consult with an experienced child custody lawyer serving Orlando
(855) 780-9986
Do I Need a Parenting Plan?
A parenting plan can be very useful, especially if there is any doubt or disagreement about each parent’s responsibilities. This plan outlines the custody arrangement for your children. It should include time-sharing, visitation, and custody with both parents. Working together on the parenting plan makes it easier for all parties involved.
Florida Statutes § 61.13 requires all custody agreements to serve the children’s best interests. Typically, this means spending time with both parents. During the planning stage, a custody attorney can assist in formulating a viable parenting plan. If negotiations break down, a judge may get involved to settle irreconcilable differences.
Other information that should be included in your parenting plan are:
- The time children will spend with each parent
- How medical insurance and care are handled
- How school matters will be resolved, including extra-curricular activities
Once a proposed parenting plan is complete, both parents will appear in court for the judge to review the plan. If approved, it will become a binding part of the divorce settlement. The judge could modify some parts of the parenting plan during this process.
Defining Physical and Legal Custody
Physical custody is the time that each parent spends with a child. Legal custody refers to the person designated to make decisions for the child regarding healthcare, schooling, and other “legal” areas of care.
In Florida, the legal decisions may be split, requiring input from both parents. In some regards, this makes time-sharing easier. In others, it may require the assistance of a child custody attorney in Orlando to help parents work together to formulate a good plan.
Modifying a Parenting Plan
Sometimes, after a divorce, situations change, and you might need to modify a parenting plan. When you have a change in job status, living arrangements, or other impediments to maintaining the set plan, you can apply to request a change. Our child custody attorneys can guide you through the steps of petitioning the court for a modification.
You can also request enforcement if a former spouse is not abiding by the plan as specified. Bogin, Munns & Munns can assist with that process also.
How Does Time Sharing Work in Custody Agreements?
Time-sharing is the phrase that has replaced the outdated terms “custody” and “visitation.” Some of the factors a judge will consider when deciding how to split the children’s time between each parent include the following:
- The willingness of each parent to “share” time with a child and to provide a safe and stable environment
- The ability to provide housing, transportation, food, a consistent routine, and other welfare needs for the child or children
- The mental, physical health, and moral fitness of each parent
- Geographic location and the ability to provide transportation between two homes
- Home, community, and school ties for the child
- Evidence of past or current domestic violence
- Any developmental needs of the child
Children can choose which parent they wish to stay with at a certain age. The judge will take into consideration their age and understanding of the situation. Other relevant factors will also be considered to ensure that the final parenting plan considers the best interests of the child or children.
Typical Time-Sharing Arrangements to Consider
Each parenting plan is unique. However, a legal representative or the judge might suggest some standard “boilerplate” time-sharing strategies. Depending on your situation, you and your ex might favor one of the following:
- A weekly exchange could work well when parents have similar work schedules. This plan offers stability and routine and reduces the need to juggle schedules.
- A two–week exchange plan means the child stays with one parent for two weeks. For parents with busier schedules, this permits them to schedule heavier workloads when the child is with the other parent.
- A 2–2–5–5 schedule allows parents to share time, beginning with two days each, followed by five days each. This type of scheduling repeats on a two-week rotation.
- Other two-week plans include the 3–4–4–3 and 2–3–2 schedules. The plans alternate to ensure that each parent shares equal time. The 2-3-2 alternates each week to offer each parent the same number of days.
Holiday planning is considered separately from standard time-sharing arrangements. For instance, if the father’s family has a big Thanksgiving gathering, he may request extra time to travel to a different location. However, in any time-sharing agreement, both parents should work together to ensure that their children’s lives stay as peaceful and routine as possible.
Orlando Child Custody Lawyer Near Me
(855) 780-9986
Special Considerations That Could Affect Custody Arrangements
Every family’s situation is different. Our Orlando lawyers take a personalized approach to every case to make sure we account for every factor that could affect your case. This includes the following:
Paternity and the Right to Custody
If the parents are unmarried at the time of their separation, it is especially important for the father to prove that the children are biologically his. If he cannot do so, he may not have the right to ask for physical custody or to make legal decisions about his children’s future, no matter how involved he has been up until that point.
Bogin, Munns & Munns can work to secure evidence that confirms paternity so that you can continue to be an important part of your children’s lives.
Prenuptial and Postnuptial Agreements in Custody Cases
If a couple signed a prenuptial or postnuptial agreement, it is important to go over the terms of the agreement very carefully. Some of the provisions in these agreements can affect who gets custody of the children, even if they do not explicitly mention child custody matters.
For example, many prenuptial and/or postnuptial agreements dictate:
- Which spouse does or does not get alimony, and how much
- How property and other assets are divided
- Who is responsible for paying debts
These and other provisions could determine whether or not a parent has the financial means to support their children or even where they are allowed to raise the children. If you signed a prenuptial or postnuptial agreement, please let us know right away so we can determine if and how it affects your case.
Domestic Violence or Neglect and Child Custody
Again, the best interest of the child is the most important consideration when deciding on custody. If there is any indication that one or both parents cannot care for the children properly, the judge is within their rights to assign custody to someone else.
Accusations of child abuse may refer to:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Neglect (e.g., failing to provide adequate food, clothing, medicine, and other necessities)
Sometimes, abuse claims are legitimate and should be taken into consideration. If a divorce is especially contentious, however, one parent may make baseless accusations against the other in an attempt to win full custody. We can:
- Protect your children against an abusive parent by collecting evidence from a variety of sources that shows the children would suffer irrevocable harm by being in their presence
- Defend you against unjustified accusations by presenting evidence of your track record as a supportive, loving, and competent parent
Past Issues That Could Affect Custody Agreements
Even if you are a fit parent today, past problems—such as mental illness, a criminal accusation or conviction, or drug use—could be brought into play.
As your child custody attorney, it is our job to show that:
- Any such accusations are outdated and irrelevant
- You have since turned your life around
- You are capable of providing everything your children need to be healthy and happy
- Your children would suffer if you were cut out of their lives
Talking With Your Children About Custody
When you and your spouse decide that divorce is necessary, considering how it impacts your children should top your list of concerns. As you prepare to address your children, we offer the following points for consideration:
- Talk to them together – assure them that although you may not be married, you are still a parenting team and you still love them very much
- Write out notes for areas you want to address
- Schedule a set time to sit down for this discussion
- Allow the children to ask questions and offer frank, age-appropriate answers
- Make every effort to keep their lives the same
Divorce can significantly change children; they all have different coping mechanisms. Be aware of their feelings, observations, and their ability to adapt. Finding a family therapist to help your children cope with the changes may be necessary.
While focusing on getting your children through this divorce, Bogin, Munns & Munns can focus on the legal process and on fighting for the custody arrangements that are right for your family.
Click to contact our Orlando Child Custody Lawyers today
Finding the Right Child Custody Attorney in Orlando to Represent You
If you are going through a divorce and determining custody arrangements for your children, an Orlando child custody lawyer from Bogin, Munns & Munns can help.
Contact our law firm to discuss your child custody options. We can come up with a legal strategy that protects your children throughout the entire process.
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