Understanding child custody in Florida is important for protecting your children’s well-being. The process usually starts with identifying areas where you and the other parent agree, working to resolve disagreements, and submitting a parenting plan for the court. If you cannot reach an agreement, mediation or a judge’s decision may determine the final arrangements.
An Orlando child custody lawyer can help you through each step, ensuring your parenting plan reflects your family’s needs. They can also assist if you need to show that sole custody is in your children’s best interests or support your role as a fit parent. With the right legal guidance, you can focus on fostering a healthy relationship with your children while protecting your parental rights.
What Goes Into Creating a Parenting Plan in Florida?
The two broad issues you will have to address are:
- Who has parental responsibility: Parental responsibility is the duty and ability to make major decisions about where your children go to school, which doctors they see, and what activities they participate in.
- How you will share time: You and the other parent will have to agree on a schedule that details how often you will exchange the children, if and when either of you can travel with the children, and what will happen during special occasions, like holidays.
In Florida child custody cases, the legal system is designed to work in the children’s favor: judges tend to favor plans where both parents get to spend time with and make decisions for the children. The only exception is in situations where spending time with one of the parents is likely to do the children more harm than good, in which case they might approve a sole custody arrangement.
If you believe that winning sole custody is best for your children, we can help you collect evidence to prove that the other parent is unfit. Otherwise, we can work with you and the other parent to draw up a parenting plan that reflects your current circumstances and allows you both to develop healthy relationships with the children.
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What if You Cannot Agree on a Parenting Plan?
Both you and your former partner have the right to seek legal representation. Your lawyers might be able to help you agree on a compromise if there is any aspect of the parenting plan you do not agree on.
If we are unable to resolve the problem, you have several other options:
- Mediation: A neutral mediator works with both parents and tries to help them find common ground.
- Alternative dispute resolution: You may elect to work with another kind of expert, such as a parenting counselor, who might be able to suggest solutions you and the other parent had not thought of.
- Family court: If all else fails, your lawyer can argue your case before a judge, and the judge will have the final say in your custody case.
It is not uncommon for couples to disagree on some parts of their parenting plan. While these disputes may seem insurmountable, our attorneys have handled many family law cases before and know how to guide parents towards an equitable resolution. Many parents prefer this over allowing a judge to tell them what they can and cannot do with their children.
Getting Your Parenting Plan Approved
As previously stated, parenting plans lay out the specifics of how and when each parent will be involved in their children’s lives. The judge will carefully review the plan and all of the evidence submitted by each parent to support it.
The evidence you submit must show that you are a fit parent who is willing and able to fulfill the terms of the plan. If there are any specific areas of concern, the evidence should demonstrate that they will not interfere with your ability to parent your children. Common forms of evidence include:
- Character witness statements from people who know you are a good parent
- Your children’s school and medical records
- Photos showing your residence (to prove it is a safe and clean place to raise children)
- Evidence of steady employment or income (to prove you can afford to care for your children)
- Your medical records, if the other parent is trying to use a past physical or mental health issue to claim you are an unfit parent
If necessary, you can use similar forms of evidence to show why the other parent should not get their way or be granted custody at all. For example, you can submit evidence of their lack of involvement in your children’s lives or statements from character witnesses who can attest to their lack of fitness.
What Happens When the Judge Makes a Decision About Your Parenting Plan?
If the judge approves your plan, you and the other parent will be expected to implement it and to stick with it unless something happens to prevent you from doing so. Either or both of you are allowed to request modifications to the plan as necessary.
If the judge rejects your plan, they will explain why and perhaps suggest ways to fix it. For example:
- Say a judge tells you your time-sharing schedule is not practical based on what they know about the parents’ lives and the children’s needs.
- You and your representative can decide whether to alter the schedule or show the judge additional evidence that proves the original schedule is feasible.
- You, your lawyer, and the other parent can provide whatever the judge needs to approve the plan.
In a more serious example, the judge may express concerns over one parent’s fitness and reject their request for shared custody.
To prevent your plan from being rejected, allow our lawyers to put together a strong case that proves your preferred plan is truly the best option for your children.
Our Child Custody Lawyers Represent Central Florida Families
Our main office is located here in Orlando, allowing us to provide timely local support to families like yours. Call Bogin, Munns & Munns today to learn more about how Florida child custody works and how our legal team can fight for the best possible outcome for your children.
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