Compassionate Child Custody Solutions For Treasure Coast
Child custody issues are some of the most contentious and emotional. Parents may engage in nasty disputes that put their child or children in the middle and don’t consider their needs first. Prioritizing a child’s well-being and best interests is the cornerstone of child custody cases. At Napier & Rollin, PLLC, we take this seriously and strive to find smart solutions for Vero Beach parents and their kids.
Understanding Child Custody In Florida
Child custody cases typically occur in two different scenarios: during a divorce or when the parents are not married and need to establish paternity. Our family law attorneys can help parents establish paternity to ensure that a father has legal parental rights. In either situation, determining custody between parents in Florida depends on a variety of factors, including:
- Each parent’s physical and mental health
- Each parent’s moral fitness
- Each parent’s ability to meet their child’s developmental needs
- Each parent’s ability to prioritize their child’s needs over their own
- Each parent’s willingness to facilitate close parent-child relationships with the other parent as well as honor the time-sharing schedule
- Each parent’s ability to provide their child with a regular routine and daily schedule
- The length of time the child or children have lived at their current home
- The community, home and education history of the child or children
- Any evidence of drug use, violence, neglect or abuse from either parent
Family courts review these various elements when awarding custody to parents. To achieve a favorable custody outcome, it’s crucial to work with an experienced child custody lawyer who knows the system.
Aggressive Representation For Custody Litigation
Many of our clients come to us in crisis, worried about how a custody battle will affect their time with their child or children. Going to court for custody can be daunting and stressful, but our goal is to help you navigate this process with a clear mind. Our philosophy at Napier & Rollin, PLLC, is to help our clients regain control of their situation by focusing on what they can control, not what the other side is trying to do. You can’t change the circumstances or the way your ex-spouse or the other parent behaves, but you can react appropriately and make informed decisions that will increase your chances of achieving a positive outcome.
We are committed to helping parents resolve custody issues with solid evidence and smart strategies. Our attorneys are skilled at litigating in front of a judge and aren’t afraid to stand up against the other party’s legal team. High-conflict custody cases may seem impossible to resolve, but we will take the time to find an answer that prioritizes your child’s well-being while also being favorable to you.
Caring Guidance For Uncontested Custody
Custody doesn’t always have to be a battle. If you and your spouse are interested in avoiding a courtroom divorce and are willing to work together to negotiate an agreement, then a collaborative divorce may be right for you. This process offers parents the chance to create parenting plans and decide custody on their own terms without a judge having to make the final decision. We can help you better understand how collaboration works and see if it’s a good fit for your situation.
Common Questions Asked About Florida Child Custody
The following questions explain common issues you may face with child custody, parental responsibility and time-sharing in Florida:
Does Florida still award “sole custody” or “primary custody”?
Florida courts generally use the terms “parental responsibility” and “time-sharing” instead of “sole custody” or “primary custody.” A parenting plan explains how you and the other parent will make decisions and divide time with your child.
Florida law favors shared parental responsibility unless the court finds that it would harm the child. A judge may give one parent sole parental responsibility if that arrangement serves the child’s best interests. The court may also give one parent final authority over certain matters, such as education or healthcare. The final arrangement will depend on your family’s situation and your child’s needs. Courts look at the facts of each case before deciding how parental responsibility should work.
What should I do if my ex refuses to follow our court-ordered time-sharing schedule?
If your ex refuses to follow the court-ordered schedule without a valid reason, you can ask the court to enforce the parenting plan. The court may award extra time-sharing to replace time that the other parent wrongly denied.
The judge may also order the other parent to pay certain costs or meet other requirements. Keep records of missed exchanges, messages and other details that show what happened. You should also keep following any child support or alimony order because those duties remain separate from time-sharing. Clear records can help show whether the problem happened once or has become a pattern. This can give the court a clearer picture of the dispute.
How are child tax credits and dependency exemptions divided in a Florida custody agreement?
Federal tax rules usually give the custodial parent the right to claim the child for certain tax benefits. However, that parent may transfer the right to claim some benefits to the noncustodial parent by signing IRS Form 8332.
A Florida court may also address which parent can claim the child as part of the family’s agreement or court order. Federal tax law still determines whether each parent qualifies for a specific benefit. For that reason, your agreement should clearly state who may claim the child and when.
Call Today To Get Started
At Napier & Rollin, PLLC, our custody attorneys are ready and willing to answer any questions you have about the custody process in Vero Beach. Call our firm today at 772-408-9770 or send us an email online to discuss your case.
We proudly serve people in the cities of Vero Beach, Melbourne and Stuart as well as Indian River, St Lucie, Martin and Brevard counties.