Committed Stuart, Florida Child Custody Attorney
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.
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 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, PA, 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 772-879-5426 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:
- Child Custody
- Child Support
- DCF/Dependency cases
- Post Judgment Modifications
- Spousal Support
Criminal Defense, including: