Child Custody & Visitation

Florida Law strongly favors that both parents of divorce maintain frequent and meaningful contact with their children after divorce. Ultimately the test the court applies in resolving custody and visitation issues is the best interest of the children. In a typical divorce case the court will award both parents shared parental responsibility. Recent changes in the law however have done away with the traditional labels of custodial and non custodial parent. Under the new law that took effect October 1, 2008 the court is required to implement a parenting plan that affords both parents the right and privilege to have frequent and continuing contact with their children. In fashioning a parenting plan the courts are required to consider the following factors in determining an appropriate parenting plan:

• The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.
• The love, affection, and other emotional ties existing between the parents and the child.
• The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
• The permanence, as a family unit, of the existing or proposed custodial home.
• The moral fitness of the parents.
• The mental and physical health of the parents.
• The home, school, and community record of the child.
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
• The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
• Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.
• Evidence of domestic violence or child abuse.
• Any other fact considered by the court to be relevant.

The foregoing is just a summary of the law of custody and visitation. If you are going through a divorce or contemplating divorce or separation with children you should consult with an experienced family lawyer for advice on how best to ensure that yours and your children's best interests are protected in the Divorce process. Steven Friedman has been counseling divorcing parents in custody issues for more then twenty years. Please contact Mr. Friedman online or call us at 954-385-7282 to set up a free initial consultation.

At the law office of Steven Friedman our guiding principal has and always will be to provide our clients with competent legal representation at a fair and reasonable fee.