Custody Rights For Fathers
Difficult For Family Court Judges
Your child’s best interest is paramount.
Child custody is a difficult area of the law for the family court judge to decide. When both parents fervently believe that they are the "best" parent to have "custody" of their child (ren) it can be a harrowing, expensive and extremely emotional experience. This occurs not only for the parents but it affects the child(ren) as well.
Establishing Custody Rights for Fathers
Florida Custody Rights
The law in Florida requires that the court consider "the best interest of the child(ren)" when the court is deciding a child custody case. It sounds simple but it involves many factors and is quite complicated. After considering these many different factors the court makes a custody determination. Some of the factors are:
- Which parent is most likely to allow the other parent ongoing and regular visitation with the other parent (this appears twice in the list of factors so it is an important issue);
- Who has been the primary care giver for the child (who has taken the child to doctor visits, was at teacher parent meetings and involved in home work, took care of the day to day needs of the child(ren), etc.);
- Psychological and physical problems of either parent; the moral fitness of either parent; domestic violence perpetrated by one spouse upon the other;
- The filing of allegations to obtain a domestic violence injunctions that were false;
- The ability of the parents to provide food, shelter and medical care for the child(ren);
- and the preference of the child(ren) (this is based on age, usually over 12 years of age).
Sometimes a parenting evaluation can be Ordered or a Guardian ad Litem is appointed. An independent investigation is Ordered and a report filed to assist the court in its custody determination. This is only a partial list. The court can use whatever other evidence that is submitted at the hearing, including testimony, to determine the best interests of the child(ren).
These are some of the factors that the court should use when determining the best interests of the child(ren). There is no method of determining the best interests of the child(ren). There is no exact way to determine if the factors are applied fairly under the circumstances in any individual case. It is important to discuss all the factors with an experienced family law attorney.
Parenting Classes
Both parents must attend
a
parenting class prior to a divorce.
This is the most important area of your case in the judge’s eyes. Under Florida law both parents must attend a parenting class prior to getting a divorce. The parenting class helps parents to understand their changing roles.
This change is short as well as long term. You will have to deal with your ex-spouse for many years to come regarding the child(ren). Always remember that the child(ren) are not "your" child(ren) but "our" children. When testifying it is important to use the "our" child(ren) as the court will appreciate that you understand this important distinction.
Modifying Custody Rights for Fathers
Modification Is A Highly Technical Area
Modification is possible after a permanent custody decision is made by the court. The burden of proof is on the non-custodial parent. The non-custodial parent must prove that there has been a significant and material change in circumstances since the last Order was entered. This is a highly technical area of the law and you should contact an attorney to determine if your present custody arrangement can be modified. Again, make sure that if you enter into any agreements regarding the custody of your child(ren) it is important that you understand your legal rights prior to signing the agreement.
Contact the Law Office of Sam R. Assini, attorney focusing on Custody Rights for Fathers, to schedule your free consultation and learn more about Men's Rights In Divorce.
Our Areas Of Practice Include:
- Men's Rights
- Domestic Relations (Florida Family Law)
- Domestic Violence towards Men
- Mens Rights in Divorce
- Fathers Rights to Visitation
- Paternity Rights for Men
- Fathers Rights in a Dependency Action
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