It’s All About the ‘Parenting Plan’
First and foremost, it is important to understand that the courts will review a number of factors when granting custody. All of these factors will be tied to what is considered “in the best interests of the children.” In general, the courts believe that it is best for children to have adequate bonding time with both parents, no matter who the children live with. Rather than exclusively using the term “custody,” Florida law now recognizes the term of the “parenting plan” where not only are the time-sharing specifics clearly defined, but responsibility for every aspect of their child’s life is detailed.
Sole responsibility or “custody” without visitation by the other parent is difficult to achieve. It is awarded in rare situations if the court determines that shared parental responsibility would be harmful and not in the best interests of the children. Judges also prefer an arrangement that does not cause any unnecessary disruptions in the child’s life. As a father seeking sole custody in Florida, you must show the court that giving any parental responsibility to the mother would be detrimental to the children involved. If this is the case and you are truly fearful for the well-being of your children when they are with your ex-spouse or soon to be ex-spouse, give us a call immediately. In Law We Trust, P.A. specializes in working with men and protecting the rights of fathers and their children.
What are Some Potential Parental Issues that Will Affect a Parenting Plan or Custody?
While it is unusual for either parent to get sole parental responsibility and custody of their children, it is not unheard of. If the mother of your child or children is unstable, unreliable, unlikely to adhere to court ordered time-sharing, or undermines the relationship between you and your children, you may very well have a case. If that parent is on drugs or putting your children in reckless or dangerous situations, then you will want to act as quickly as possible.
As a dad, you also have to prove that you are physically and mentally able to support your children. The court will consider your moral fitness and your conduct, and there can be absolutely no evidence of substance abuse in your home. The court will also consider an established history of spending quality time with your children, your willingness to be involved in the children’s school and extra-curricular activities, and your willingness to put the needs of your children before your own. Speaking negatively about the other parent in front of your children, even in the worst of times, is frowned upon by the courts.
What Rights Does A Father Have If His Name Is Not On The Birth Certificate?
If your name is not on the child’s birth certificate, there are a variety of issues to consider. Many important decisions must be made, and depending upon your situation, you will need legal advice right away. Contact In Law We Trust, P.A. for a consultation about the specifics of your particular circumstances and your goals. The outcome that can be achieved will depend on many aspects, and you should not hesitate to seek our legal counsel as soon as possible.
Florida Law and Father’s Rights
Florida courts focus on what is in the best interest of the children and they will seek a positive environment with the best opportunity for nurturing the children, all while doing their best to ensure the children’ safety and security. Before granting a Florida father’s child custody rights, the court will look at any evidence of domestic abuse, child abuse, child neglect, child abandonment, or sexual abuse. If the court finds this type of evidence and uses it to grant or deny child custody, it must state in writing that the evidence found was what was considered when determining the child’s best interest. We understand Florida law. The attorneys of In Law We Trust, P.A. specialize in child custody for men. We will listen to you with compassion and understanding, and provide you with the legal expertise you need to best handle your particular situation.
Call The Family Law Experts Men Trust (813) 415-3510
In Law We Trust, P.A. is a premier firm of divorce lawyers representing men in family law proceedings. We are uniquely positioned to assist our clients with the challenges men face in Florida’s court system. Call us today and get the proper representation men need and deserve.