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child custody Archives

Introduction to the best interests of the child standard

The best interests of the child is an important standard to be aware of because it drives child custody decisions. What it is, is based on a variety of factors the family law court will consider to determine what is in the best interests of the child when making a child custody decision.

When might a third party be granted custody of a child?

In most family law cases that involve the custody of a child, the parents to that child will be allowed to retain their rights to raise their child in their homes and according to their parenting preferences. Florida parents may be required to share physical and legal custody of their children, but it is generally the case that a child will be placed in the care of at least one of their parents. This determination will be made based on the child's best interests.

Understanding the child custody process

Child custody can be an overwhelming aspect of any divorce which is why it can be helpful for divorcing couples to understand the child custody process and the resources available to help through the family law system. Child custody refers to where the child lives but also to who has the authority to make important decisions for the child. As such, child custody is divided into physical and legal custody.

Can I move with my child if I have custody?

It is no surprise to readers of this Florida family law blog that people in the United States move with frequency. While it is true that some people will stay in the same community for their entire lives, others may move across the country for better jobs, relationships and other personal reasons. Relocation is not unusual, but it can introduce challenges into the lives of families that must work around custody orders and agreements.

Courts can intervene when parents are split on religion for kids

Many Florida families count themselves as members of different religions. While some may regularly attend services to celebrate their faiths, others may explore religious teachings on their own. Some families recognize two religious backgrounds when the parents of the families are each of different faiths.

Grandparent visitation rights in Florida

While a divorce severs the legal relationship between two people, it also cuts the ties that bind members of the parties' extended families. For example, a child whose parents go through a divorce may find themselves separated from one side of their family if they are put in the sole physical custody of one parent. When situations such as this occur, it can be very difficult for aunts, uncles, cousins and grandparents to retain their relationships with their loved ones affected by divorce.

Does joint physical custody an even split between parents?

While once it may have been more common for one parent to receive physical custody of a child with the other parent receiving visitation time, today, it is often the case that a Florida court will allow both parents to share physical custody of their offspring. Shared or joint physical custody means that both of a child's parents have the right for their child to spend some of their timing living in the parents' homes. When the child is in the custody of a parent, that parent is responsible for the child's welfare.

Prepare your child custody plan for upcoming school breaks

While it is only February and some parents may be doing everything they can to stay ahead of their kids' practices, recitals, games and classes, others may be looking forward to the months of vacation that their children get at the end of the academic year. Summer break is often a fun time for Florida families, but those who must schedule their vacations and activities around the requirements of their child custody plans may be struggling to find ways to fit in all of the adventures that they want to experience.

Rights and responsibilities after establishing paternity

Children are born with biological mothers and biological fathers, and while it is straightforward to determine the maternity of a child at the time of birth, paternity is not always as clear. Under the law, certain presumptions grant men paternal rights over children born to their spouses and committed others. However, if there is a question regarding whom a child's father might be, then the Florida courts may order paternity testing to take place.