Miami Child Custody Attorney

Miami Child Custody Attorney – Helena Y. Farber

Miami-Dade County family law lawyer Helena Y. Farber has experience with family law and child custody issues. Ms. Farber has handled many contested and uncontested custody cases and did a judicial internship with a prominent Broward Family Law Judge. At Farber Law, P.A. we have the skills necessary to be the advocate for you and your children and protect your rights to be a parent.

How do Florida Courts handle child custody cases?

Whether you are getting a divorce or were never married to the father or mother of your child, if there are minor children involved it is important to protect your right as a parent and make sure you have continued access to your child and are able to make decisions on their behalf.

Florida family law courts use the “best interest of the child” standard when making decisions regarding the child. Child custody encompasses two aspects: legal custody (or decision making authority) and physical custody (timesharing). Legal custody of the child is the ability of one or both of the parents to make the decisions regarding the child’s education, health, and religion. The courts awards either shared or sole parental responsibility in a custody case.

Child Custody

Physical custody, or what the courts refer to as timesharing involves the actual location where the child will reside and the courts strongly favor shared custody arrangement, where the child spends an approximately equal amount of time with each parent. Unless there is evidence that such arrangement would not be in the best interest of the child.

What is a Parenting Plan?

A parenting plan is a document that outlines how the parties will share the parenting responsibilities, now that they are no longer under the same roof. At a minimum the parenting plan must include a schedule of when the child will see each parents, including how the holidays and school breaks will be divided. The parenting plan must also include how the parents will make decisions regarding the child’s health and education and which parent’s address will be used for the school boundary determination. However, the more detailed the parenting plan the less likely the parents will have any conflicts later down the road.

Custody Of Children

The parents, through negotiation or mediation can come up with a parenting plan. Having a knowledgeable and compassionate child custody attorney guide you through this process can be very beneficial, as the lawyer can advise you whether your demands toward your spouse are likely to be granted by a judge. Moreover, an experienced parenting plan lawyer can draft a very comprehensive parenting plan, including details that you as a client would not think of in the midst of litigation.

What if we cannot agree on a parenting plan?

If you and your spouse/partner cannot agree on a parenting plan the court, after a trial, will make a ruling establishing a parenting plan. In Florida, family law trials are held in front of a judge with no jury. The determination of the parenting plan is based on the best interest of the child and the judge must look at several factors, like each parent’s participation in the child’s life, moral, mental, and physical fitness of each parent, and any instances of domestic violence. These are just a few among the long list of factors the judge must consider in coming up with a parenting plan. Each parent must present facts to the judge applicable to each factor. A well-trained litigation attorney can prepare your case for trial and present the right evidence to the judge to help the judge understand why your proposed parenting plan is in the best interest of the child.

Child Custody Lawyer in Florida

If you have questions about custody in Florida or are facing the prospect of a custody battle, contact attorney Helena Y. Farber for a confidential consultation at (305)520-9205.

"Helena is a thoughtful and genuine person and an incredibly great and knowledgeable attorney. She always has time to answer all of my questions no matter how petty I thought they were and in a timely manner. She fought for me, got through the complicated court system, and made me feel extremely well taken care of. I highly recommend her."

— Don

"I hired Helena about a year ago to represent me in a divorce. It was a messy divorce and she helped me get through it without loosing my mind. Helena is very knowledgeable and patient. She did very well in front of the judge."

— Dmitry

"A coworker recommended Ms. Farber to me, and I hired her to file for a divorce. Even though my husband and I eventually worked it out and the case was dismissed, I wanted to leave a review and note how helpful and encouraging Ms.Farber was through the entire process. She was always available to answer questions."

— Inga

"Attorney Farber represented me in a paternity lawsuit. She worked things out with my ex without even having to go to mediation, saving me lots of money. It has been over a year since we got the parenting plan done and it has been very helpful to see my kids. Thank you once again."

— Alex L

"Helena Farber handled a family law matter for me including relocation and time sharing agreements. Going through family law is very stressful however Helena kept me up to date every step of the way. She was courteous, answered questions no matter how often I asked them, was on top of everything. You could tell she cared about the well being of my children and was a staunch advocate for myself and my family. She is very knowledgeable, gave great legal advice and I would recommend her to anyone looking for a family law lawyer. She continues to be available for questions and concerns even after our case reached settlement. I would not hesitate to hire Helena again."

— Christine

"I wanted to leave my partner but we had joint property and she was not doing well mentally and was hard to reason with. Ms. Farber advised me of my legal rights and gave me several options as to how to proceed. She was very understanding and sensitive with the situation. She returned calls very quickly and followed up with me timely."

— Laura