Child Custody and Visitation Attorney
The resolution of child custody and visitation disputes requires divorcing parents to act rationally in their child’s best interests at a time when they are facing the overwhelming stress of divorce. Joint custody and sole custody, legal custody and physical custody, custody evaluations and modifications are terms with which a divorcing parent will become familiar.
Knowledgeable advice and skilled representation from an experienced family law attorney at Mark Abzug, P.A. in Coral Springs, FL, can assist you in your pursuit of a fair custody arrangement.
Creating Parenting Plans that Work
A parenting plan is an agreement that outlines a child custody arrangement. It takes into account arrangements such as who has the children on which days, who makes major decisions about matters such as the children’s education and health, and what to do if any parent’s situation significantly changes. Parents who agree on a parenting plan rather than let the court decide are often more likely to comply with custody arrangements.
Divorce Education
The ongoing health and mental well-being of children during divorce often depends upon how their parents interact following the decision to end the marriage. An experienced family law attorney can inform, guide and support you throughout the divorce and custody process.
Custody Evaluations: What You Should Know
If you and your former spouse have been unable to reach an agreement regarding child custody, the family court judge deciding your case may order a custody evaluation. A custody evaluation is a process in which a mental health professional, usually a psychologist, evaluates you, your children and your children’s other parent in order to make a custody and visitation recommendation to the court. Courts tend to give considerable weight to the recommendations of the evaluator. A family law attorney can explain custody evaluations and answer your child custody questions.
Frequently Asked Questions about Child Custody and Visitation
Below are just a few of the most asked questions we see around child custody or visitation. Remember that each situation is unique and we cannot answer your question without knowing your circumstances.
- What is the difference between legal and physical custody?
- When parents fight over custody, how does the court decide?
- What if the custody arrangements aren’t working out?
- Is joint custody better?
- If my child’s other parent is behind on child support payments, can I prevent his or her visitation?
- I want to move to another state with my child. Can I do that?
- If the judge in my divorce case orders a custody evaluation, what should I do?
- What is parental alienation syndrome?
What is the difference between legal and physical custody?
Physical custody refers to where the child lives and who has responsibilities associated with daily care for the child. Legal custody is the responsibility associated with making decisions regarding the education, healthcare and religious upbringing of a child.
When parents fight over custody, how does the court decide?
The typical standard is the “best interests of the child.” Each state has specific guidelines, but the court usually takes into consideration what each parent wants, what the child wants (if the child is old enough and/or mature enough), which parent has been the primary caretaker, the parenting abilities of each parent and whether there is a history of abuse.
What if the custody arrangements aren’t working out?
It is not always easy to modify a custody arrangement that has been ordered by the court or agreed upon by you and your child’s other parent. The agreement itself may set out methods by which it can be changed. Your state will also have laws that apply to custody modification. It is typically more difficult to change the custody arrangements than it was to set them in the first place; there must have been a substantial change in the circumstances this time around. An experienced family law attorney can advise you on your rights in your state.
Is joint custody better?
While no one solution is right for everybody, most children of divorce benefit from the ongoing involvement of both parents. Joint custody will not work if the parents are not living in the same area or if the parents cannot work together. Family circumstances like domestic violence, physical or sexual abuse, chemical dependency and neglect also affect the court’s determination.
If my child’s other parent is behind on child support payments, can I prevent his or her visitation?
Parenting time and child support are not dependent on each other. It is not considered to be in the best interests of the child to prevent contact with the other parent because of child support problems. You have other remedies, like going to court or the child support enforcement office, to collect past-due child support payments.
I want to move to another state with my child. Can I do that?
This is another custody matter that varies from state to state, but most states share some overriding principles. The court will probably weigh the reason for the move; its probable effect on the child; whether you have sole or joint custody; if the child’s other parent has objected to the move; and how often the other parent will be able to see the child.
If the judge in my divorce case orders a custody evaluation, what should I do?
Cooperate with the custody evaluator; the evaluation is designed to find out what is in the best interests of your children. Custody evaluations are a regular part of contested custody cases. Share any concerns that arise during the evaluation with your attorney.
What is parental alienation syndrome?
Parental alienation syndrome occurs when one parent convinces the child that the other parent has nothing to offer the child (or that the other parent is a bad parent or spouse), and the child comes to see the other parent in a uniformly negative light. The child insists on staying with one parent and refusing to see the other, usually in order to show loyalty to one parent. Courts disapprove of this type of behavior on the part of a parent and typically demonstrate such disapproval when making custody and visitation decisions.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
Child Custody and Visitation Resource Links
Family Law in the 50 States
The American Bar Association publishes charts summarizing the basic laws in each state. Chart 2 summarizes the current custody criteria for all 50 states.
International Parental Child Abduction
This website is a U.S. Department of State guide for people whose children have been abducted by a parent and taken across an international border.
Children’s Rights Council
The CRC is a nonprofit organization dedicated to promoting the idea that both parents should be involved in their children’s lives; the CRC provides free drop-off/pick-up sites for custody transfers.
Office of Child Support and Enforcement
The Department of Health and Human Services’ (HHS) Administration for Children and Families helps to locate parents and enforce child support obligations.
Child Custody: An Overview
Child custody overview and resources provided by the Legal Information Institute (LII) at the Cornell University Law School.