Fleming Island Child Custody Attorneys

Helping You Protect Your Parental Rights

When parents get divorced or separated, one of the most important issues they must resolve is child custody. This is often a highly contentious matter, as both parents typically want to spend as much time with their children as possible. At Owenby Law, P.A., we understand how important your children are to you, and we are here to help you fight for the custody arrangement you desire. Our Fleming Island child custody lawyers have extensive experience handling these types of cases, and we know what it takes to win. We are prepared to put our skills to work for you and your family.

Call (904) 770-3141 or contact us online to request a case evaluation with our team today.

What is Child Custody?

Legal custody describes a parent's responsibility to make decisions about their child's health, education, and well-being. In Florida, legal custody is referred to as “parental responsibility.”

There are two types of parental responsibility in Florida:

• Shared parental responsibility: In this type of arrangement, both parents have equal decision-making authority and must work together to make important decisions about their child’s life. This includes decisions about the child’s education, healthcare, religious upbringing, and more.
• Sole parental responsibility: In this type of arrangement, one parent has the authority to make important decisions about the child’s life. The other parent may still have visitation rights and be involved in the child’s life, but he or she does not have the right to make decisions about the child’s upbringing.

Florida courts generally prefer to award shared parental responsibility, as they believe it is in the best interests of the child to have both parents involved in his or her life. However, if one parent is deemed unfit or unable to make decisions in the child’s best interests, the court may award sole parental responsibility to the other parent.

When it comes to physical custody, this is known as time-sharing in Florida. Time-sharing refers to the amount of time each parent spends with the child. The state courts generally prefer to award equal time-sharing, but this is not always possible. The court will consider a variety of factors when determining a time-sharing schedule, including the child’s age, the child’s relationship with each parent, the parents’ work schedules, and more.

What is a Parenting Plan?

When parents get divorced or separate, they must create a parenting plan that outlines how they will share parental responsibility and time-sharing. If the parents cannot agree on a parenting plan, the court will create one for them. The court will always prioritize the best interests of the child when creating a parenting plan.

A parenting plan must include the following information:

• A time-sharing schedule that outlines when the child will spend time with each parent, including holidays, birthdays, and vacations
• How the parents will communicate with each other about the child
• How the parents will make decisions about the child’s education, healthcare, and more
• How the parents will resolve disputes
• How the child will be transported between the parents’ homes

Once a parenting plan is created, it will be submitted to the court for approval. If the court approves the plan, it will become a legally binding court order. If the parents need to make changes to the plan in the future, they must seek court approval.

How is Child Custody Determined in Florida?

When parents get divorced or separate, they have the right to create a parenting plan that outlines how they will share parental responsibility and time-sharing. If the parents cannot agree on a parenting plan, the court will create one for them. The court will always prioritize the best interests of the child when creating a parenting plan.

When determining a parenting plan, the court will consider the following factors:

• The child’s age
• The child’s relationship with each parent
• The parents’ ability to communicate and work together
• The parents’ ability to provide a stable home environment
• The parents’ ability to provide for the child’s needs
• The child’s preference, if he or she is old enough to express one
• Any history of domestic violence or abuse

Florida courts generally prefer to award shared parental responsibility and equal time-sharing. However, this is not always possible. If one parent is deemed unfit or unable to make decisions in the child’s best interests, the court may award sole parental responsibility to the other parent. Moreover, if one parent has a history of domestic violence or abuse, the court may limit his or her time with the child.

How Can a Child Custody Lawyer Help?

Child custody cases are often highly contentious, as both parents typically want to spend as much time with their children as possible. If you are involved in a child custody dispute, it is in your best interests to hire an experienced attorney to represent you. An attorney can help you understand your rights and options and ensure that your best interests are protected throughout the legal process.

At Owenby Law, P.A., we can help you with the following:

• Creating a parenting plan that outlines how you will share parental responsibility and time-sharing
• Negotiating with the other parent to reach a fair agreement
• Representing you in court, if necessary
• Modifying an existing parenting plan
• Enforcing a parenting plan

Our Fleming Island child custody lawyers are committed to providing you with the personalized legal representation you need and deserve. We will work closely with you to understand your goals and develop a legal strategy that is tailored to your unique situation. You can rely on us to be your strong advocate inside and outside the courtroom.

Contact us at (904) 770-3141 today to schedule a consultation with our child custody attorneys in Fleming Island.