Fleming Island Child Custody Attorney

Navigating Complex Custody Issues with Compassion in Florida

When parents get divorced or separated, one of the most critical issues they must resolve is child custody. This is often a highly contentious matter, as 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 cases, and we know what it takes to win. We are prepared to put our skills to work for you and your family.  

Call Owenby Law, P.A. today at (904) 770-3141 or contact us online to schedule a meeting with our child custody attorney in Fleming Island!

What is Child Custody?

Child custody encompasses the legal authority and responsibilities for a child's upbringing and decision-making. In Florida, custody is categorized into two main types: legal custody, which grants the power to make major decisions about a child’s education, health, and overall well-being, and physical custody, which relates to the child's residence and how time is allocated between parents. The court's primary concern is the child’s best interests, aiming to establish a stable and supportive living situation.

What Are the Different Types of Custody?

Legal custody refers to who has the authority to make significant decisions regarding a child's upbringing. In Florida, this is termed "parental responsibility" and can be categorized as follows:

• Joint Legal Custody: Both parents are responsible for making important decisions collaborating on matters such as the child’s education, healthcare, and religious upbringing.  
• Sole Legal Custody: One parent has exclusive authority to make significant decisions regarding the child’s life, while the other parent may still have visitation rights but does not participate in decision-making.

Physical custody pertains to the child's living arrangements and how time is divided between the parents. It encompasses:

• Joint Physical Custody: The child divides their time between both parents, promoting equitable living arrangements.
• Sole Physical Custody: One parent has primary custody of the child, and the other receives visitation rights.

Joint Custody encompasses both joint legal and joint physical custody, in which parents share both decision-making responsibilities and time with the child.

Sole Custody involves one parent having exclusive rights to make decisions and determine the child's primary residence. It is typically awarded when the other parent is deemed unfit or unable to participate effectively in the child's life.

How Is Child Custody Decided in Florida?

In Florida, child custody decisions are made with a focus on the child's best interests. When parents divorce or separate, they are encouraged to develop a parenting plan that specifies how they will divide parental responsibilities and time-sharing. If they cannot reach an agreement, the court will create a plan based on several important factors:

• Parental Involvement: The court evaluates each parent's role in the child's life, including their ability to meet the child’s emotional and physical needs.
• Child’s Preferences: The child’s preferences regarding custody may be considered depending on their age and maturity.
• Stability and Continuity: The court looks at which parent has provided a stable and consistent home environment.
• Parental Cooperation: Effective parental communication and collaboration are assessed to ensure a supportive upbringing.
• Physical and Mental Health: The court reviews each parent’s mental and physical health to ensure a safe environment for the child.
• Child’s Age and Relationship with Each Parent: The child’s age and relationship with each parent are considered.
• History of Domestic Violence or Abuse: Any history of domestic violence or abuse is considered, which may impact the custody arrangement or limit a parent’s time with the child.

Florida courts typically prefer shared parental responsibility and equal time-sharing. However, if a parent is found to be unfit or has a history of abuse, the court may award sole parental responsibility to the other parent.

What Makes a Parent Unfit?

Assessing a parent’s fitness is a crucial element in custody decisions. Factors that may render a parent unfit include:

• Substance Abuse: Chronic substance abuse that affects a parent’s capacity to care for the child.
• Domestic Violence: A history of domestic violence or abuse that endangers the child's safety and well-being.
• Neglect or Abuse: Cases of physical, emotional, or psychological abuse or neglect of the child.  
• Mental Health Issues: Severe mental health conditions that hinder a parent’s ability to create a stable and supportive environment.
• Criminal Behavior: A background of criminal activity that concerns the parent’s ability to provide proper care.

The court assesses these factors to ensure custody decisions prioritize the child's safety and well-being.

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 child's best interests 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 is submitted to the court for approval. If the court approves the plan, it becomes a legally binding court order. Parents must seek court approval if they need to change the plan.

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, hiring an experienced attorney to represent you is in your best interests. An attorney can help you understand your rights and options and protect your best interests 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 tailored to your situation. You can rely on us as your strong advocate inside and outside the courtroom.

Contact Our Fleming Island Child Custody Attorney Today

Child custody decisions profoundly impact the child's upbringing and family dynamics. With Owenby Law, P.A., you gain a dedicated partner in navigating the complexities of custody disputes. Our team in Fleming Island is committed to protecting your parental rights and ensuring that any custody arrangement serves the best interests of your child.  

For personalized legal guidance and to discuss your custody concerns, contact Owenby Law, P.A. today. We are here to support you every step of the way and strive for outcomes that prioritize your child's future.

Contact Owenby Law, P.A. today to schedule a meeting with our child custody lawyer in Fleming Island!