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Child Custody Attorney Stuart, Florida

At The Law Office of Denise Miller, PA, our child custody attorney in Stuart , Florida has spent more than two decades devoting our legal resources to ensuring the health and safety of all children who are at the center of parenting plan disputes is not compromised for any reason.

Child Custody Attorney

When parents divorce and are unable to agree on a child custody plan, the Florida Family Courts will step in to create and dictate parenting plans. Our Stuart child custody attorney focuses on our client’s needs and the outcome that is most beneficial to the children in question, and often times that means something very different than what the other parent, or the court, is proposing.

Types of Child Custody in Stuart, Florida

The overall goal of our child custody attorney in Stuart, Florida is to shield all of the children whose parents we represent from harm and deliver the best overall outcome for their futures.

Florida Statutes consider parenting plans and time-sharing agreements, instead of using the term child custody, and while the terminology may differ in a court of law, the types of parenting designations that result from these agreements require an experienced Stuart child custody attorney to successfully deliver results.

When determining the care, maintenance, and control of a minor, the laws are divided into:

  • Legal Custody: The awarded parent makes medical, religious, health, educational, and disciplinary decisions; Legal custody is often divided between both parents when possible, so they can collaborate when making life decisions for their children
  • Physical Custody: The determination of where the child will physically live; Physical custody can also be shared, allowing the child to spend significant time with both parents at their respective homes

The courts will determine the type of parenting agreement that is beneficial to the child, including:

  • Sole Custody: Physical and legal custody of the child is awarded to a single parent
  • Joint Custody: Also called shared parenting responsibility, joint custody requires both parents to split physical and legal custody of the child, meaning each parent must approve all decisions related to the child’s upbringing

While Florida courts have a vested interest in allowing both parents to raise their children, our child custody attorney in Stuart, Florida knows that parents often have a hard time making decisions regarding their child’s upbringing because the preceding divorce is a contentious time for everyone involved. Parents are very passionate about their children and they should be.

Our Stuart child custody lawyer is here to help you communicate your child’s needs, and your necessary involvement in their day-to-day lives to the court, to ensure their best interests are never compromised.

Overriding Factors That Influence Florida Family Court Custody Decisions

At The Law Office of Denise Miller, our child custody attorney in Stuart, Florida represents parents who want what is best for their child’s overall upbringing, and who will do anything to keep them out of harm’s way.

The factors that are taken into consideration during the court’s custody decisions can include, but are not limited to:

  • Mental and physical ability of each parent to care for the child properly
  • Moral fitness of each parent
  • Likelihood of positively promoting the child’s relationship with the other parent
  • Geographic proximity of each parent’s home
  • Which home delivers a more stable life for the child
  • Religious and cultural considerations
  • Demonstrated knowledge of the child’s friends, teachers, medical care providers, daily activities, and favorite things
  • Any history of domestic violence, child abuse or neglect
  • Parental history of drug or alcohol abuse
  • Ability to provide necessary items including food, clothing, and medical care
  • Assessment of any special needs the child may have, and how each parent provides the necessary care

The health and safety of the child is the priority, and each of these factors will be considered to ensure the best interests of the child are at the forefront of the court’s decision. The courts are committed to shared parenting plans, but there are times when one parent simply is unable to provide the proper care necessary to uphold their parenting responsibilities.

When this is the case, our Stuart child custody lawyer will aggressively protect the child and the parent we are representing from conceding to a co-parenting agreement.

What Are The Major Elements of a Parenting Plan in Stuart, Florida?

Parenting plans require detailed information regarding the child’s whole life, including everything from meals and homework schedules to after-school care and vacation schedules that affect their future going forward.

The main factors that must be decided upon before parenting plans can be finalized include:

  • Day-to-day time-sharing and tasks schedules, including pick up and drop off agreements
  • Holiday and vacation time-sharing schedule
  • Provisions for extra-curricular activities
  • Healthcare, and the costs associated with uninsured medical treatment
  • Education, and whose address will determine the school district the child attends
  • Childcare responsibilities and costs
  • Contact between the parents
  • Contact between the children and parents
  • Out-of-state or country travel

The time-sharing schedule can be decided on for a temporary basis during divorce proceedings while a finalized plan and its details are being negotiated.

Contact Our Stuart Child Custody Attorney at The Law Office of Denise Miller, PA Today

If you are considering a divorce, or have recently divorced and are concerned about the future of your children, contact our child custody attorney in Stuart, Florida to learn about your rights as a parent and how we can provide solutions for your unique family law needs today by calling 772-934-6007 for a free case evaluation. We know your children are the most important thing in your life and we will remove any uncertainty surrounding their future and your parental role going forward.

At Law Office of Denise Miller, our criminal and family law firm in Stuart, FL focuses on the following practice areas:

Family Law, including:

Criminal Defense, including:

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Child Custody in Florida: Frequently Asked Questions (FAQs)

A child custody attorney can provide legal guidance, represent your interests in court, help negotiate a custody agreement, and ensure your parental rights are protected. They can also assist in gathering evidence, preparing legal documents, and presenting a strong case to support your desired custody arrangement.

Yes, grandparents can seek custody or visitation rights in Florida under certain circumstances. If the parents are deceased, missing, or in a persistent vegetative state, or if the child has been removed from the parents' home due to abuse or neglect, grandparents may petition the court for custody or visitation.

Legal custody refers to the right to make important decisions about the child’s upbringing, including education, healthcare, and religious instruction. Physical custody, on the other hand, refers to where the child lives, and the day-to-day care provided. Both types of custody can be shared jointly or granted solely to one parent.

Child support in Florida is determined based on both parents’ incomes, the number of children, and the amount of time each parent spends with the child. Other factors include healthcare costs, daycare expenses, and the child’s standard of living. The goal is to ensure the child’s financial needs are met in both households.

Yes, a custody agreement can be modified if there is a substantial change in circumstances that affects the child’s best interests. This could include a parent’s relocation, a change in the child’s needs, or a significant change in a parent’s ability to care for the child. A petition for modification must be filed with the court.

The duration of a child custody case in Florida varies depending on the complexity of the case, the level of agreement between parents, and the court’s schedule. Cases can range from a few months for uncontested agreements to over a year for contested cases. Working with an experienced attorney can help expedite the process.

Supervised visitation occurs when a neutral third party is present during a parent's time with the child. It is required in situations where the court has concerns about the child's safety and well-being, such as in cases of past abuse, neglect, substance abuse, or mental health issues. The goal is to ensure the child’s safety while maintaining the parent-child relationship.

 

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