If you are getting divorced or separated, the courts will require that you and your ex devise a parenting plan that will be approved by a judge. If you and your ex cannot find a parenting plan that works for your family, a judge may make child custody decisions on behalf of you or your spouse. Judges make child custody decisions based on the best interests of the child standard. However, it is important to understand that what you believe is in your child’s best interests may differ from what a judge believes is in your child’s best interest. Because of this, it is often wise to have a child custody lawyer on your side as you make these challenging and stressful decisions. Contact Sandy B. Becher, P.A., a child custody law firm in Sunny Isles Beach, Florida. Our attorneys can review your goals for child custody, help you understand what should be in your parenting plan, and work to find a resolution that works best for your family.
Physical Custody vs. Legal Custody
When making child custody decisions, you and your former spouse will need to make decisions regarding the physical and legal custody of your children. What is the difference between physical and legal custody? Why is one more difficult to resolve than the other?
- Physical custody refers to where a child resides. The parent who gets physical custody of the child will likely live with the child for the longer period of time, with the other parent enjoying shared parenting time.
- Legal custody refers to the right of a parent to make important decisions on behalf of his or her child. In most child custody cases, both parents retain legal custody of their children.
In general, the courts believe that both parents have a right to a relationship with their children. Children are healthier when they have a strong bond with both parents. However, if both parents live in separate homes, the reality is that the child will likely need to live with one parent. Florida child custody law favors a shared parenting time model. This means that both parents enjoy time with the child, with one parent usually being the primary residence. However, more and more families are dividing child custody 50/50. This arrangement usually works best when both parents live close enough to one another so that the child can attend the same school and maintain continuous relationships and activities.
In most divorces, both parents will share legal custody of the children. This means that both parents have the right to make decisions regarding the child’s religious activities, schooling, and medical decisions. In order to prevent disagreements, many couples write their wishes into a parenting plan. It is also wise to set guidelines for how disagreements will be handled.
If you are in the process of making decisions about the physical and legal custody of your children, it can be helpful to have a qualified child custody lawyer on your side. Sandy B. Becher, P.A. helps families in Sunny Isles Florida make the best possible decisions based on their needs. It can be tough to negotiate the finer points of a parenting plan on your own. Call Sandy B. Becher today.
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Child Custody Battles
In an ideal world, you and your ex would be able to resolve your differences and be wonderful co-parents to your children. However, when couples divorce, they usually do so because they have major differences in worldview and goals. If you find yourself facing a child custody battle or find yourself having trouble working out the finer points of your child custody agreement, you need a lawyer on your side. Some common issues with child custody include:
- Disagreements about where the children will live. This can be especially challenging if both parents want physical custody of the children or if one parent wants to move to another city or state.
- Disagreements about children’s religion. When differences of religion arise, two major constitutional rights play off one another. Under the law, parents have a right to raise children as they wish. Parents also have the right to freedom of speech which includes the right to practice a religion of their choosing. When a child’s practicing a religion conflicts with one parent’s wishes, these two constitutional principles go head to head. There are many different ways in which the courts handle these cases, depending on where you live, and the judge. In some cases, the status quo is maintained and whatever religion the children practiced during the marriage will continue to be followed. In other cases, both parents will be asked to integrate religious practices. Other cases may only give the parent with sole custody the right to make decisions regarding religious practices.
- Other disagreements. Parents may disagree about how holidays may be spent. They may disagree about medical treatments for their children. They may disagree about what school the kids should attend or what after school activities are appropriate. When these disagreements arise, it helps to have a qualified child custody law firm in Sunny Isles Beach, Florida, like Sandy B. Becher, P.A. on your side.
If you are in the midst of a heated child custody battle, don’t despair. You can and will reach a resolution. The child custody lawyers at Sandy B. Becher, P.A. in Sunny Isles Beach, Florida can help you find a solution that is in the best interests of your children while also being acceptable to both parents.
Questions About Child Custody? We Can Help
Child custody is one of the toughest aspect of any divorce. Child custody decisions will impact your family for years to come. The parenting plan you set forth during your divorce can be difficult to change in the future. Get it right this time around. Contact Sandy B. Becher, P.A., a divorce law firm in Sunny Isles Beach, Florida. We can help answer the tough questions that arise when families are in the process of making child custody decisions.