If a couple is not married then usually we will file a “Petition to Determine Paternity”
This Petition will allow us to determine whether or not you are the father of the child and once that is established then we can assist with Custody, Visitation, Time Sharing, Parental Responsibility, and Child Support.
Of course, a Divorce with children sets up a Child Custody issue as well. A divorce with children always must have a Time Sharing Plan, Parental Responsibilities Addressed, and Child Support.
Additionally, it is worth mentioning that our state, Florida, no longer uses the word “Custody” and has instead introduced a concept called: Time Sharing.
A time sharing plan usually gives both parents a fair amount of time with the child; the mother does not necessarily receive more time.
It generally divides up the holidays, and vacations, between the two parents, and our state has a preference for allowing both parents equal Parental Responsibilities; Believing having two caring parents would usually be in the “best interest of the child.”
(a) The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.
(b) The love, affection, and other emotional ties existing between the parents and the child.
(c) 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.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) 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.
(k) Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.
(l) Evidence of domestic violence or child abuse.
(m) Any other fact considered by the court to be relevant.
As you can see from the above list, there is a lot to consider when the Court decides what “The best interest of the Child” is also, some Judges weigh some factors more than others, and these cases tend to be highly fact specific.
ALEJANDRO RIVERA P.A. a Kissimmee family law and child custody law firm and our Kissimmee Family Law Attorneys take these cases very seriously; we understand your child’s future is the single most important thing in your life.
We are especially concerned when there are allegations of abuse, addiction issues, child safety issues, and our Attorney’s take pride and engage in a fair amount of zealous representation in this very important work; protecting children.
Have questions or would like to make an appointment?
Call us at 407 518-7160 or use our contact form.