Child Custody

3 Reasons You Need a Child Custody Attorney

Cases involving children always require careful strategizing. Hiring a child custody attorneyWeston becomes critical in such cases. A knowledgeable attorney can help you understand the complicated legal system and help you strategize and give you the best opportunity for a favorable verdict. To plan the right strategy: When you are involved in a child custody case, you will need to strategize it very carefully. The court will place the best interests of your child above every other consideration. You must demonstrate that you are protecting the best interests of your child. To fight for you: Because most parents wish to win custody, cases involving children can become contentious, emotional, and acrimonious. If the case goes to trial or mediation, you will need representation by an experienced lawyer who is knowledgeable about custody laws. You will need a lawyer who will fight for your best interests. In most cases, the other party will have retained a lawyer. To form a Parenting Plan: “Custody” is now known as “time-sharing.” The courts generally require parents to file a Parenting Plan, which is a detailed plan to determine certain times, days, and holidays as well as to specify other parental responsibilities and obligations. The counsel of an experienced child custody attorney Weston is invaluable in order to guide you in creating a fair and equitable plan as well as to fight for your...

What You Should Know About Florida Parental Plans

If you are going through a divorce and have children with your ex-spouse, the parenting plan is one of the most important documents to prepare. It is a detailed plan of how you and your spouse plan to care for your child or children. A child custody attorney Weston can help you make the right plan that is in your child’s best interest. Florida courts no longer use terms such as visitation or custody. Instead, they use parental responsibility and time-sharing. The courts aim for shared responsibility, where both parents have the authority to make decisions regarding the child’s health, education, discipline, religious upbringing, and other day-to-day matters. The parents can divide these areas of responsibility between them. For example, one parent may have authority over the child’s education and healthcare, while the other may have authority over discipline. Sole parental responsibility is when one parent has the sole authority to make decisions about the child’s welfare. This is rarely awarded in Florida. You will need a child custody attorney Weston to prepare a strong case if you think your ex-spouse is unfit to share responsibility with your child or children. Parental plans should also include time-sharing. This refers to the time each parent spends with the child. Parenting plans are mandatory if children are involved. The court prefers that the plan is prepared and agreed upon by both parties; however, if both parties fail to do so, the court will make a plan for...

3 Types of Child Custody

Going through a divorce can be a difficult time in your life, especially if there are children involved. During your divorce proceeding, there will be terms to determine how you and your ex-spouse plan on raising your children, how time will be split between both parents, and other factors to consider. It is highly recommended that you find a good attorney in Weston who can help you with your divorce case. While the trend in Florida is for Joint Custody, there are a few types of child custody categories: Joint custody: Most courts award custody based on the best interest of the child. With joint custody, both parents share equal time and responsibilities with the children. In Florida, this by far the most common. Physical custody: This entitles one of the parents to have the right to keep the child with him or her. The parent’s financial status, closeness to the child, and personal ethics can determine if he or she is seen as fit to raise the child on their own or not. Sole (Legal) custody: This custody is similar to physical custody, with the exception that the child’s healthcare, education, religion, and other factors can be determined by both parents. The child may continue to live primarily with just one...

How To Protect Your Parental Rights In a Florida Divorce

A divorce case can get complicated when the couple has children. Even when the couple has reached an amicable agreement; every detail must be carefully considered and approved by the Court. It’s also important to hire a child custody attorney Weston. Understanding Parenting Issues: It is critical to understand that the Court places the child’s rights above all else, including the parent’s requests. Whatever the arrangements, the Court’s decision is based on what will benefit the child. It was in this context that in 2008 the Courts in Florida changed the terminology in divorce cases, substituting words like “custody” with “parental responsibility.” Words like “visitation” and “primary residential parent” were considered negative. Instead, the Court now emphasizes terms like “time-sharing.” Parental Plan: A Parental Plan is a detailed account that lays down the important parameters on parenting responsibilities. This includes important decisions as well as practical arrangements for the child’s day-to-day life, including: Who makes the decisions regarding the child’s education, health, and even religion; A detailed time-sharing arrangement on how much time the child spends with each parent; Which parents makes decisions on day-to-day matters as well as emergency situations; How a parent will communicate when the child is with the other parent. In such situations, it is best to hire a child custody attorney Weston. You can obtain valuable insight into how the court sees cases like yours. A lawyer will also protect your rights if you end up in mediation or in...

How to Make Changes in a Custody Plan

For parents seeking divorce in Weston, at some point, a parenting plan will need to be drafted. A parenting plan is a detailed document outlining each parent’s responsibility and duties, such as who has the child on specific days, and other specifications. The court may allow for changes in the plan if circumstances make it necessary as stated in Florida law. While you can write this document yourself, it is recommended that you hire a child custody attorney Weston who can ensure that the document is written correctly. If there needs to be any changes, your attorney can handle that for you. Here’s a guide on how to make these changes: When both parents agree: You can expedite the process if your partner agrees to the changes;however, a judge must still ratify them.  To make the changes, download a plan form from the Florida Supreme Court website. Note that there are special plans available for long-distance, as well as safety-focused requirements. Sign the parenting plan in front of a notary public. The parenting plan is then submitted in the court for a final hearing where a judge will review it. When the parents do not agree: In this instance, you must file a petition with the court. Parenting plans can be modified when a substantial change has taken place since the original plan was finalized. When asking for changes, make sure to clarify how these are in the best interests of the child. Hire a lawyer: If the other parent is unwilling, consider hiring a child custody attorney Weston. Keep in mind that the other party will probably also...

What is the Purpose of a Child Support or Family Lawyer?

A family lawyer helps navigate a wide array of legal issues regarding marriage and children. Many of these areas can be emotionally draining and painful, so it helps to have a competent and qualified legal team on hand to make the process a little easier. Here are some of the legal issues that a family lawyer might deal with: Divorce Divorce is often a very difficult process for both parties, causing hurt feelings that are dragged out over a long period of time as various legal issues are dealt with. A good family lawyer will guide you through the process and make you aware of all of the aspects that you need to consider. Knowing what your options are and understanding the process can at least diminish some of the emotional turmoil. Some of the issues that might be involved in a divorce include pre and post-nuptial agreements, asset valuation, alimony and child support and possibly obtaining a restraining order. Having experts to work through the legal complexities of these issues is an essential part of moving on with your life. Child Support Florida law obligates all parents to financially support their children until they are 18 years old. Support is extended if the child has not yet graduated high school, in which case it lasts until they turn 19. This ensures that every child has what they need in regard to food, clothing and shelter, daycare or after-school care, when necessary, and healthcare. It also recognizes a child’s legal right to share in the financial good fortune of their parents. The purpose of a child support lawyer is...

After His Son Nearly Drowns in Swimming Pool, Usher May Face New Custody Fight

A year after he was awarded primary custody of his two young sons, recording star Usher Raymond IV, better known simply as Usher, is facing a new custody battle after one of his boys nearly drowned in a swimming pool.  The singer’s ex-wife, Tameka Raymond, is accusing the star of creating a ‘dangerous environment’ for their two children—four-year-old Naviyd, and five-year-old Usher Raymond V. After losing a bitter divorce in November 2009, Ms. Raymond was permitted limited custodial rights. But that could change in light of the near tragedy that occurred at her ex-husband’s home, when her older child, Usher Jr., got his arm stuck in the drain of the outdoor pool.  Although still in intensive care, the child is expected to make a full recovery. After asking for an emergency hearing in a Georgia court, the star’s ex-wife alleged that Usher is ‘abdicating’ his parental responsibilities by allowing others to care for their kids.  The father was not at home at when the accident occurred. He did, however, rush to the hospital to be with his son as soon as he learned of...

Getting Legal Help with Child Custody Issues Protects Your Children

The living situation and support of children are often the two most contentious issues when a couple divorces. Emotions run high, and that’s one reason why working with a respected child custody lawyer is critical. A skilled and experienced child custody lawyer like those at the law firm of Evan H. Baron & Associates will give you straight answers about the custody and child support processes. Hiring a Lawyer Is Smart, Not Provocative Sometimes, upon discovering you have hired a child support lawyer, your spouse will react with anger. Try not to let it bother you. Seeking the counsel of an attorney is the wisest choice when a split affects children. Your spouse may accuse you of all sorts of outlandish behavior in an attempt to frighten you. Remember: the person to turn to for real answers is your attorney. Putting Children’s Needs First When a split involves minor children, their needs are the top priority. It’s not about you or your estranged spouse “winning” but about your children having the care and support they need. Custody today is usually shared unless there is a compelling reason for it not to be. Parents must create a parenting plan that ensures children spend time with both parents and that both parents are engaged in raising them. Changes Affecting Living Arrangements and Support If one parent remarries, takes a lucrative job, or quits a job to raise children, some of the specifics of the parenting plan may require modification. Again, the person to turn to for answers is your child support lawyer. Friends and family may warn you with cautionary tales...

Custody and Child Support Must Follow Applicable Laws

The job of the child support attorney is primarily to ensure that children of divorce receive the care and support to which they’re entitled. The child support lawyer is required to follow the law and take the proper legal steps to ensure the best possible outcome for children after their parents split up. At The Law Firm of Evan H. Baron & Associates, we have the experience necessary to protect children’s and parents’ rights after divorce. Judges Aren’t Interested in Drama Child custody and support cases are notorious for drama, but inside the courtroom, established laws prevail. Judges don’t care how much you hate your estranged spouse. He or she must ensure that all applicable laws are followed in regards to the time each parent spends with children, and how children are to be supported. Save the drama for your poker buddies or best friend. Children’s Need Will Be Prioritized The child support lawyer is primarily interested in ensuring that children’s suffering is minimized throughout the divorce process and that they are adequately supported based on parental assets after the divorce is finalized. Parents have to jointly agree to a time sharing program, and state laws are used to calculate each parent’s responsibility for providing child support based on income and time spent with children. What a Restraining Order Is and Isn’t Divorcing parents often throw the term “restraining order” around any time the other spouse does something they don’t like. The truth is, injunctions are granted when there is a history of domestic violence, or when actions lead the court to believe that violence is a real possibility. You...