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Custody Rights for Father's

(Time Sharing Schedule and Parenting Plans)

Difficult For Family Court Judges

Custody of children, child support and visitation 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 or children it can be a harrowing, expensive and extremely emotional experience. This occurs not only for the parents but it affects the children or child as well.

Establishing Custody Rights for Father's

Florida Custody Rights

(Time Sharing Schedule and Parenting Plans)

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 (time sharing schedule and parenting plan). It sounds simple but it involves many factors and is quite complicated. After considering these many different factors the court makes a parenting plan determination. Some of the factors are:

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

Taking a parenting class is an important factor when trying to establish custody rights for fathers.

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 Father's

Modification Is A Highly Technical Area

(Time Sharing/Visitation Schedule and Parenting Plans)

Modification of Time Sharing and visitation is possible after a final decision is made by the court. The burden of proof is on the parent that wants to change the time sharing arrangement. 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 (time sharing) arrangement can be modified. Again, make sure that if you enter into any agreements regarding the custody (time sharing) of your child(ren) it is important that you understand your legal rights prior to signing the agreement.

Contact The Men's Rights Law Firm attorneys specializing in Custody Rights for Father's, to schedule your free consultation and learn more about Men's Rights In Divorce.

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