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Child Custody Have Questions? We Have Answers!

Miami Child Custody Lawyer

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Child custody is one of the most emotional and contentious aspects of a divorce. Custody arrangements and parenting plans must be decided upon and approved by the court. If parents cannot come to an agreement, the court will make the decisions based on what it believes is in the best interests of the child. When dealing with these challenging situations, call Beatriz Zyne, P.A. in Miami for experienced, determined, and, above all, compassionate representation.

Call (305) 876-6138 or contact our firm to arrange for a consultation about your case.

At our Miami family law firm, we take the time to understand your situation to provide personalized service and attention to detail. You will receive one-on-one assistance from our South Miami child custody attorney to work toward a favorable outcome.

Florida Custody Facts

While the laws can be complex surrounding custody issues, the highest priority is to ensure you know what to present to the judge and how to present it. Our child custody attorney in South Miami all aspects of child custody and parenting plans, including child relocation and dependency.

Custody is broken down into two areas, which include:

  • Physical custody, pertaining to where and with whom the child will live
  • Legal custody, which gives a parent the right to make decisions about the child’s health care, education, religion, and other important aspects of their upbringing

In shared custody situations, both parents have legal custody while alternating physical custody. This is preferred by the courts, since it seems to be the best way for children to maintain continuing and meaningful relationships with both parents.

What do Judges Look for in Child Custody Cases?

Judges consider various factors when looking at a child custody case. Ultimately, their decision is going to depend on what is in the best interests of the child. The interests of the parents are not primary. Some things that the judge will consider when determining the best interests of the child include:

  • Child’s safety (such as physical living situation)
  • Care for the child (such as food and clothing)
  • Child’s supervision
  • Child’s emotional support
  • Consistency in care
  • If a parent has abused the child
  • If a parent has a history of substance abuse
  • If a parent has a history of domestic violence

If you have additional questions, do not hesitate to contact us.

How Does Florida Define Unfit Parent?

The courts in Florida will not place a child in the custody of an “unfit” parent because it would not be in the child’s best interests. An “unfit” parent is defined as the following:

  • Abused the child
  • Neglected the child
  • Abandoned the child
  • History of drug abuse
  • History of mental illness

What Are the Chances of a Father Getting Full Custody in Florida?

In Florida, it is unlikely that either parent would get full or sole custody of the child. If either parent wants sole custody, they will need to prove that if the other parent has custody it would be harmful for the child. This can be difficult to do, but not impossible. Do not hesitate to contact us for legal assistance.

Does Florida Have a 50-50 Custody Law?

Recently, a motion was made to reform Florida laws on custody to consider 50-50 timesharing as "best interests of the child." However, this is the exception and not the rule. The current law states that there is no presumption of any form of custody, whether it is joint legal, joint physical, or sole custody.

Preventing a Judge from Making Parenting Decisions

When parents cannot agree on custody/parenting plans, the courts will decide these issues.

The judge will take a number of factors into consideration, including:

  • Each spouse’s parenting ability
  • Ability to provide a safe environment
  • Finances
  • Ages of the children
  • Health of each parent
  • Whether domestic violence or substance abuse has been a factor

What Is a Parenting Plan?

This plan details how a child’s time will be divided between both parents, where and with whom the child will mainly live, and how major decisions about the child’s upbringing (education, religion, health care, other important matters) will be shared or divided between the parents.

Specific matters such as how to divide school breaks, vacations, birthdays, holidays, and other special occasions should also be included. How these arrangements are made will depend on proximity, parental work schedules, the child's wishes (if old enough to have a preference), and more.

Contact Beatriz Zyne, P.A. Today

Our goal at Beatriz Zyne, P.A. is to help promote cooperation and civility in an effort to lessen the trauma that this issue can have on both children and parents. We have many creative resources and skills to help you settle your custody dispute as painlessly as possible.

Contact (305) 876-6138 for legal help with your Miami custody matter today.

  • Beatriz  Zyne Photo
    Beatriz Zyne
    I am a longtime Florida resident and, prior to law school, I worked as a legal secretary/paralegal. I have over 20 years of legal experience serving the South Florida community. While in law school I participated in the Alternative Dispute Resolution Clinic and served as a co-mediator in County Court cases. Therefore, I bring to the table negotiation skills that will help my clients resolve disputes in an amicable manner. If I can avoid lengthy litigation, I will do so. Many of my cases have ...

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