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.
