Sarasota Child Custody Attorney

Divorce can impact the entire family, but children may take it the hardest. That is because they don’t always know what is really going on. They’ll pick up hints about Mom and Dad not getting along.

They know when there is tension, but from their perspective, Mom and Dad have always been a part of their lives. When you tell them that one of the parents will no longer be living in the home, it can cause a lot of emotional trauma as they try to process what is going on.

It is also challenging for the parents who are trying to process their own sense of loss at the failure of the marriage. Often, it is a challenge to attend to a child’s emotional needs while also attending to your own. That is why it is crucial to resolve the child custody issue in a divorce. What kids want most of all is a sense of stability and to know that their mom and dad still love them very much.

Working out a child custody agreement does not have to be a contentious process. You can avoid that when you have a skilled advocate working on your behalf. Titan Law has a team of experienced Sarasota child custody attorneys who have helped many divorcing couples sort out their scheduling and visitation issues.

We have also stepped in to help when a custody arrangement needs to be modified or there are compliance issues. If you have any questions about child custody, we can provide the answers you need.

What Are the Best Interests of the Child?

The moment children are involved in a divorce, a significant portion of the court’s attention shifts from the parents to what is in the best interests of the child (or children). As far as the courts are concerned, is it less about the antiquated term of “custody” and more about developing parenting plans and time-sharing that account for the development, education, and overall well-being of the children?

These matters will be handled in the family court division of the Sarasota County court system. Judges in these cases will defer to the best interests of the children by considering the following factors:

• Age of children
• The relationship between each parent and the child/children before the divorce
• Which living arrangement will be the least disruptive
• Any relocation plans
• The mother and father’s ability to provide support to the child includes, but is not limited to, maintaining their mental and emotional health, as well as their physical health, and supporting school-related and extracurricular activities

Additionally, when it is applicable, the child’s preference is also taken into account. This is more relevant for older children who are able to comprehend what it means to choose one living environment over another.

The prevailing wisdom is that each parent will continue to have an equal say in the major decisions that impact their child’s life. The final arrangement will help establish protocols for how communication can work between the parents to arrive at those decisions.

What Age Group Is Most Impacted by a Child Custody Arrangement?

As you go through the divorce process, you will face numerous adjustments, starting with the establishment of a shared custody arrangement. This can mean that the child will spend an equal amount of time with both parents. Typically, this involves the home remaining the same but with one parent creating a kind of second home.

Before you settle into the “new normal,” your kids will be going through a lot. If they have friends whose parents are divorced, they might be able to talk to them. Most often, younger children under the age of ten and teenagers over seventeen are the ones who make the adjustments more quickly. It’s the kids between 10 and 17 that might need the most attention.

Those are the kids who are going through their own emotional and physical changes that have nothing to do with divorce.

It is essential that you ensure they are keeping up with their schoolwork. If they’re involved in after-school activities like sports or theater, you want to encourage them to continue with them. During this transition, each parent must spend some quality time with their kids to check in on how they are doing and to keep the lines of communication open.

They’re going to have a lot of questions, and they should feel like they can come to you for the answers.

What Are the Different Types of Custody Available to Parents?

When you get together with your Sarasota child custody attorney, you will have a lot of issues to sort out about the well-being of your child, beginning with the type of custody. It begins with understanding how the courts define custody, specifically in terms of legal custody and physical custody.

With legal custody, a parent has the authority to make decisions about all the important aspects of their child’s life, including healthcare and medical decisions, educational matters, and their child’s religious upbringing. Physical custody pertains to the parent’s right to be physically present in their child’s life.

That includes resolving issues regarding where the child will live and for how long they will stay there during any period of time, such as a week or a weekend.

Sole Custody vs. Joint Custody

The final custody arrangement will either be sole custody or joint custody, sometimes referred to as shared custody. However, those arrangements can involve a combination of legal and physical custody.

For example, both parents can have joint legal custody. That would mean that any major decision regarding their child would have to be made in agreement together, just as when they were married.

However, the child might live permanently with their mother. That would mean Mom has sole physical custody. The most common arrangement is shared legal and joint custody. Sole custody is typically granted when there is a parent who is unwilling or unable to provide for a child or be physically present, such as living in another city or state, or being incarcerated.

How Does a Parenting Plan Work in Divorce?

Before the family court grants a joint physical custody arrangement, the parents need to have a plan.

The courts don’t want to get into micromanaging. As mentioned above, a parenting plan will resemble the plans that were in place during the marriage. The difference is that they need to be codified by a judge.

 

A parenting plan should outline the key aspects of a child’s day-to-day life. These include, but aren’t limited to, the following:

• Holidays and vacations
• Extracurricular activities
• Doctor’s visits
• Schooling
• Out-of-state travel

The plan also needs to detail the drop-off and pickup schedules for when the child goes from one home to the next. It also needs to explain how parents should contact each other.

For instance, a thorough parenting plan will outline that during the week, the kids will live with their mom, while on weekends, they’ll be with their dad. It will include the pickup time on Fridays and the drop-off time on Sundays or Mondays.

The parenting plan might also stipulate a rotating holiday schedule, such as one year, the kids spend Christmas with Mom, and the following year, it is Dad’s turn. Obviously, there will be a certain amount of flexibility in the plan that allows for changes. When parents hold the best interests of their child, the plan can be effective.

Many parents agree to use popular co-parenting apps such as Our Family Wizard. These types of apps help with scheduling, expenses, and communication between the parents. They can also serve as effective evidence in the event of disputes.

Frequently Asked Questions About Sarasota Child Custody

As with other aspects of your divorce, you might be uncertain about how child custody works and how it will impact your family. These FAQs can help clarify the issue.

How does the court decide when there is a dispute about child custody?

Despite the desire to put the best interests of the children first, sometimes parents can’t agree. In other instances, a dispute arises when one parent isn’t following the original parenting plan or is resistant to a request for modification. In those situations, a judge will step in and rule on the dispute based on the following factors:

• Any evidence of child abuse or domestic violence
• Each parent’s ability to provide for the physical and emotional well-being of the child
• The child’s relationship with each parent
• The child’s current physical location and routine (school, activities, and relationships with friends)
• The moral fitness of the parents
• Each parent’s physical and mental health
• Each parent’s willingness to honor the terms of a time-sharing agreement
• The noncustodial parent’s ability to pay child support

Can a child custody Change?

Yes, a child custody arrangement can change. It may start out as temporary while the other issues of the divorce are being resolved. It can then become permanent. There might also be a change in one of the parents’ work schedules that requires modification. It is essential to note that the courts must approve any changes considered long-term. You don’t have to ask the courts if you want to change a weekend or vacation unless there is a dispute.

Can a grandparent seek visitation rights?

Yes, Florida law provides for grandparents to seek visitation rights. Before visitation is granted, the judge will consider several factors, such as the child’s existing relationship with the grandparents.

If both parents shared joint custody, are there still child support payments?

Even with joint custody, child support payments may still be required. Those payments are calculated by assessing the income of both parents and factoring in the percentage of overnight time-sharing, health insurance, daycare, and other uncovered expenses.

Can a parent withhold visitation if child support payments are late or missing?

No. The courts view time-sharing and child support as two separate issues. If there is a problem with late or missed child support payments, you and your Sarasota child custody attorney can file a petition with the court.

When can I modify a custody agreement?

You ask the courts to modify a custody agreement at any time. What you need to present to the court is documentation that establishes the reason for the modification, such as a change in employment status or other relevant circumstances.

What happens when parents don’t agree on a custody arrangement?

It is always the preferred choice of the courts for parents to have all their child custody issues worked out before the final divorce hearing. However, if the parents can’t come to an agreement, then the court will decide based on the best interests of the child. Once that decision is made, it will be legally binding.

That’s why it is always best for parents to come to an agreement.