Give Your Child Safety And Security

When parents who are divorcing or have never been married share children, a crucial question arises: Who gets custody? Choosing where and with whom your children will live may be one of the most important decisions a divorce requires, and it certainly is not one that should be left up to chance.

When custody is disputed in Florida divorces, a judge makes the final decision based on each parent’s living and financial situation. In these cases, having a skilled, sympathetic attorney to advocate for your right to child custody is essential. At the Law Office of Karen C. Ozyjowski, P.A., I use my more than 20 years of legal experience to provide you with the assertive representation you need to create a safe, secure future for your child. I will work with you personally to evaluate your goals, address your concerns and help you understand what you can expect during the process of determining child custody.

Joint Versus Sole Custody Arrangements

In Florida, the legal terminology for child custody has evolved to focus on “time-sharing” and “parental responsibility” rather than traditional terms like “custody.” Understanding the difference between joint and sole arrangements is crucial when establishing a parenting plan that serves your child’s best interests.

Florida law recognizes two types of parental responsibility:

• Shared parental responsibility (joint custody): This is Florida’s preferred arrangement, where both parents retain full parental rights and collaborate on major decisions affecting their child’s welfare, including education, health care, religious upbringing and other significant matters. Even when parents disagree, they must work together to reach solutions that benefit their child.
• Sole parental responsibility (sole custody): In this arrangement, one parent has the exclusive right to make major decisions for the child without consulting the other parent. Florida courts only grant sole parental responsibility when shared responsibility would be detrimental to the child such as in cases involving domestic violence, substance abuse or severe parental alienation. The parent who is not granted sole custody may be awarded visitation rights by the court so that they can remain part of the child’s life.

No matter your relationship with your child’s other parent, having an attorney represent you in child custody proceedings is extremely important. It can ensure that the child’s best interests are presented fairly and accurately in divorce proceedings, and that your parental rights are asserted with the energy and empathy you deserve.

Frequently Asked Questions About Child Custody In Florida

What is joint custody?

There is no joint custody. There is shared or sole parental responsibility. Shared parental responsibility means that the parties are to co-parent and make joint decisions on behalf of the children.

How does the court determine child custody?

When determining child custody (legally referred to as “time-sharing” in Florida), courts in Spring Hill and throughout Florida follow the principle that decisions should be made in the “best interests of the child.” This standard guides all custody determinations, with the court carefully weighing multiple factors before reaching a decision.

Florida courts evaluate the following factors when determining time-sharing arrangements:

• Parental capacity: Each parent’s ability to provide a stable, consistent environment and meet the child’s daily needs.
• Co-parenting willingness: Each parent’s demonstrated ability to honor the time-sharing schedule and facilitate a relationship between the child and the other parent.
• Continuity and stability: The importance of maintaining the child’s routine, including school, community and home environment.
• Child’s preference: The court may consider the child’s wishes depending on their age and maturity level.
• Health and safety: Any evidence of domestic violence, child abuse, neglect or substance abuse issues.
• Moral fitness: The parents’ personal conduct as it relates to the child.
• Parental involvement: Each parent’s historical participation in the child’s life, including education, health care and activities.
• Geographic considerations: The practicality of the time-sharing schedule based on the distance between parental homes.

The court’s goal is to create a custody arrangement that supports the child’s overall well-being and maintains meaningful contact with both parents whenever possible. Each case is unique, and decisions are made on a case-by-case basis, considering the specific circumstances and needs of the child involved.

What should I do if my ex violates a custody agreement?

If your ex violates a custody agreement in Spring Hill, Florida, it’s essential to take prompt and proper action to protect your rights and the well-being of your child. Here’s a step-by-step guide to help you navigate this challenging situation:

• Document everything: Keep detailed records of each violation, including dates, times and any relevant communications. This documentation will be vital if legal action becomes necessary.
• Review the agreement: Ensure you fully understand the terms of your custody agreement to confirm that a violation has occurred. This clarity will help in any discussions or legal proceedings.
• Communicate: Attempt to resolve the issue amicably by discussing it with your ex. Misunderstandings can sometimes be resolved through direct communication.
• Consult an attorney: If violations persist, seek legal advice. A family law attorney can provide guidance on your rights and options under Florida law.
• File a motion: If necessary, your attorney may recommend filing a motion for contempt in court. This legal action requests the court to enforce the custody agreement and may result in penalties for the violating party.
• Consider mediation: As an alternative to court, mediation can be a less adversarial way to resolve disputes and modify custody agreements if needed.

Taking these steps can help ensure that your custody agreement is respected and that the best interests of your child are upheld.

Choose Experienced, Empathetic Counsel

For trial-tested, tenacious advocacy in child custody disputes, call the Law Office of Karen C. Ozyjowski, P.A., today. I am ready to answer your questions, prioritize your objectives and work with you to build a future for your child in which they are safe, supported and cared for. To schedule your consultation with an experienced child custody lawyer, call 352-725-7002 or complete my online form. Sessions are $100 for a 30-minute consultation.