You don’t have to be going through a divorce to need the services of a family law attorney. Child custody and visitation issues affect parents who were never married just as much as those going through a divorce.
Child custody conflicts are a deeply emotional and complicated issue that not only impacts the wellbeing of the parents but the child as well. Because of the sensitive nature of the child custody issues, they should be handled with the help of a family law attorney.
Brooksville, FL Child Custody Attorney
Child custody is the most sensitive issue in family law. It can cause an immense amount of stress, fear and anxiety. If you have been faced with child custody issues, you should contact legal representation.
Ashley Aulls has over a decade of experience in family law. He has helped many clients achieve their child custody goals and he wants to do the same for you. The child custody laws in Florida are complex and require the knowledge of an experienced attorney.
Take the first step in resolving your child custody issues and contact Ashley M. Aulls, P.A.. To schedule a time to speak with Ashley Aulls more about your case, call (352) 593-4115 or submit your information in the online contact form.
Ashley Aulls represents clients with child custody issues in communities across Hernando County, Sumter County and Citrus County.
- Types of Child Custody
- How is Child Custody Decided in FL?
- Relocation of a Child
- Additional Resources
Child custody laws can be confusing to understand, especially since those who need to learn about them are already in a stressful or emotionally tense situation. But understanding these laws is crucial in ensuring the best possible outcome for your child.
If you are currently dealing with how child custody should be allocated, it’s good to understand the available options. Listed below are the four child custody options available in the sunshine state.
Physical custody: This form of custody involves a child living with the parent who has physical custody. They will spend the majority of their time with the physical custody parent and occasionally visit the other parent.
Legal custody: When a parent or guardian has legal custody of a child, they are responsible for all the decision regarding the child. These decisions can include a child’s education, health and upbringing.
Sole custody: A parent is typically granted sole custody is the other parent has been deemed unfit to raise a child. This form of custody means the custodial parent has both physical and legal responsibility of the child. The other parent may be granted visitation rights, but cannot make decisions regarding the child.
Joint Custody: Join custody comes in two forms: joint legal and joint physical. In joint legal custody, both parents have a say in the decisions that impact a child. Joint physical custody, on the other hand, involves the child splitting their time between parents. The majority of the time, the courts will order a form of joint custody unless they find shared parental responsibilities is not in the best interest of the child.
Florida courts will always keep in mind the best interest of the child when deciding how to allocate custody. It’s also state policy to ensure that all minor children have frequent and continuing contact with both parents after a separation or divorce.
The court will consider numerous factors when determining what is in the best interest of a child. A complete list of deciding factors can be found in section 61.13(3) of the Florida Statutes. Some of these factors include:
- Parent’s demonstrated abilities to consider and act upon the needs of the child opposed to their personal needs
- The amount of time a child has live in a stable environment and desirability to maintain that environment
- The morality of each parent
- The parent’s physical and mental health
- Who the child desires to live with if they are deemed capable of expressing a preference
- The ability of each parent to communicate with the other and keep them informed on issues and activities regarding the child
- Parent’s ability to provide a consistent routine for the child
- Parent’s ability to provide an environment that is free from substance abuse
- Any other factor the court deems relevant
The courts may allocate custody in the best interest of the child, but the sill takes into account the wishes of both parents. When child custody is an issue, both parents should submit a parenting plan. If both parents can agree on a parenting plan that does not go against the best interest of the child, the court will likely approve it.
There are situations where one parent may have to move and take the children with them, or the parent with sole custody may have to leave the children with the other parent to move. When this happens, it’s unlikely the child will be able to continue their visitation schedule with at least one parent.
When a child needs to be relocated, a petition to relocate will need to be filed with the court. According to Florida law, relocation is considered moving at least 50 miles from the child’s current home for 60 days or more. Keep in mind a relocation petition is not a temporary order for a vacation, education or medical care purposes.
If both parents agree to the relocation, they must sign an agreement that defines the reason for the move and the new custody arrangements. The agreement must also do the following:
- Establish a time-sharing schedule for the non-relocating parent
- Explain how both parents will handle transportation of the child for visitation
Best Interest of a Child | Florida Statutes – Follow this link to read the full list of factors taken into consideration by the court when determining the best interest of the child. The list can be found in section 3. You can also gain access to other child custody laws in Florida.
Relocation of a Child | Florida Statutes – Visit Online Sunshine to learn more about the laws surrounding the relocation of a child. You can also learn how a petition must be filed and what happens when a parent relocates with a child without a court order. Online Sunshine is the official website of the Florida Legislature.
Hernando County Child Custody Lawyer
Are you and your ex-spouse having trouble agreeing on custody of your children? Is the other parent of your child trying to move and take your child with them? If this is the case for you, you should contact legal representation.
Ashley Aulls is a dedicated and zealous family lawyer who vows to help you achieve the best possible outcome your situation. Every case that comes through the door at Ashley M. Aulls, P.A. is treated with diligence, and your's is no exception. If you have any questions regarding child custody or other family law disputes call (352) 593-4115.
Ashley M. Aulls, P.A. represents clients in areas such as Brooksville, Springhill, Masaryktown and many others.