Child Custody, Visitation and Parental Timesharing 

Understanding Your Rights on Custody Issues


The determination of child custody, visitation and timesharing is of primary importance to each parent involved in a divorce or any other proceeding involving the care and custody of children. Before, during and after the divorce, custody issues may become a major source of animosity that could impact the child psychologically, particularly when the child is caught in the middle of the conflict. Florida Statutes require that any decisions made with regard to custody issues are made in the best interest of the child. Whether you are involved in a current divorce proceeding or a post-divorce matter or any other type of proceeding where custody is an issue, I will carefully analyze all data and investigate any questionable claims to make sure you get the results you and your child deserve. The Winig Law Firm, P.A. has the knowledge and experience to protect your parental rights while looking out for the best interests of your child (children) and your entire family.

Florida Child Custody Guideline

It is the public policy of the State of Florida that it is in the best interest of the child to have frequent and continuing contact with both parents. Thus, unless proven that shared custody will be detrimental to the well being of the child, it is presumed that both parents will share the rights and custody of parenting their children. (Co-parenting) Under certain mitigating circumstances, sole child custody will be awarded. The need for an experienced attorney to navigate the legal system when establishing or modifying child custody, and developing or modifying a parenting plan is most crucial for ensuring the best possible outcome for you and your family. The Winig Law Firm, P.A. with its’ many years in Family Law, will provide you with that experience needed for successful resolution. This may take place through mediation, arbitration or trial.

To help familiarize you with child custody guidelines, Florida Statute 61.13 states that the best interest of the child will govern all factors affecting the welfare and interests of the minor child, including but not limited to the following:

  • The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

  • The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

  • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

  • The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

  • The moral fitness of the parents.

  • The mental and physical health of the parents.

  • The home, school and community record of the child.

  • The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

  • The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

  • The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals and bedtime.

  • The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

  • Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.

  • Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

  • The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

  • The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

  • The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

  • The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

  • The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

  • Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

Should your child custody case go to trial, it is the responsibility of your attorney to present the factors listed above in the light most favorable to you. Child custody litigation may also result in the need for  the evaluation of your child by a court recommended psychologist. Should the need arise, The Winig Law Firm, P.A. will guide you by providing appropriate referral names based on evaluations made in past custody disputes.

Contact The West Palm Beach Office of The Winig Law Firm, P.A. For Child Custody and Visitation Issues

For legal guidance for child custody, visitation and timesharing issues, contact The Winig Law Firm, P.A. Call 561-337-2997  or simply contact me today online to  arrange an initial consultation with an experienced Florida child custody attorney.
 

Contact Us

Steven L. Winig, Esq.
The Winig Law Firm, P.A.
The Barrister’s Building
1615 Forum Place, Suite 3A
West Palm Beach, FL 33401

Palm Beach Gardens Law Office
Phone: (561) 337-2997
Fax: (561) 683-1559

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