Child Custody and Visitation
- Each parent’s ability to meet the child’s needs and provide a stable and safe environment
- The relationship each parent has with the child
- The physical and mental health of the parents
- Each parent’s moral fitness
- The child’s preference if they are of age to understand
- The relevant history of each parent, such as domestic abuse, drug or alcohol abuse, or illegal behavior
Florida law refers to child custody and visitation as timesharing, which is part of a parenting plan. Parents engaged in a divorce must submit a parenting plan to the court as part of their divorce agreement. A judge can approve the parenting plan or make changes if they feel it is in the child’s best interests. A parenting plan includes a schedule for sharing parental responsibilities. Examples are how the parents will communicate regarding the child’s needs and assigning a designated parent to oversee educational and health matters. In addition, it addresses a residential schedule, a visitation schedule, alternative schedules for school vacations, transportation arrangements for the child, and many other relevant factors.
Child Support
Child support is the responsibility of every parent in Florida, whether they are divorced or never married. Every parent has a legal and moral duty to support his or her child. When a divorce is filed, or paternity is established, a parent can file a petition to establish child support. Florida’s Child Support Guidelines guide the payment amount. The main factors in determining the amount of child support are the monthly incomes of both parents and the number of overnight visits a child has with each parent. Child support payments are intended to provide a standard of living for a child. It includes food, clothing, educational expenses, medical costs, activities, and other child’s needs.
Both parents need to read a parenting plan and child support orders carefully to be fully aware of the court orders. Failure to comply with these documents places the offender at risk of being held in contempt of court. There may even be criminal charges if they are willfully non-compliant.
Our Legal Team is here to help you achieve a Fair Resolution
When a parent cannot meet the terms of the parenting plan or child support orders, it is critical to speak to an experienced family law attorney. At Downer Law, we can explain your options for modifying the parenting plan or child support order. Grounds for a modification may be a loss of income, a relocation, illness or injury, or many other factors. At our law firm, we assist with gathering evidence, filing the appropriate paperwork, and presenting the facts accurately in a formal hearing in front of a judge.