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child custody Archives

Factors considered when determining child custody

Going through a divorce can be extremely daunting and overwhelming. Not only are there issues involving dividing marital property and calculating child support, but the judge presiding over the case must determine custody of the children. Should both parents be given joint-custody of the child or should the child remain in the sole-custody of one parent? These are difficult decisions that judges must make while always keeping the child’s best interests in mind. While making these decisions, judges often consider several factors before finalizing child custody in a divorce settlement.

Customizing a child visitation schedule

When parents in Florida file for divorce, there are a host of issues that must be settled and written in the divorce decree. One of the most difficult may be that of child custody and child visitation. There is no question that, in most cases, children do best when they spend a significant amount of time with both parents. However, a child visitation schedule is put in place to determine which parent is allowed time with the child and when. While some parents allow the court-appointed judge to make the final decision when determining the child visitation schedule, other parents create their own visitation schedule through mediation and negotiation.

Why joint custody often is the best arrangement

When Florida couples divorce, child custody often is one of their main issues. Both parents love the children, and neither wants to be the absentee parent who the children visit every other weekend and on alternating holidays. If at all possible, the parents should strongly consider joint custody after their divorce. Such arrangements began springing up across the country a few years ago, and today the prevailing opinion of state legislatures, divorce court judges, family law practitioners and child psychology experts is that joint custody benefits not only the children, but their parents as well.

When your former partner wants to relocate with your child

Separating from a former partner is almost always difficult, but there can be even more hurdles involved when the two of you share a Florida child and one of you wants to relocate. At the Law Office of Philip J. Schipani, we understand the state’s rules when it comes to relocating with a child, and we have helped many clients on both sides of the equation achieve solutions that meet their needs.

When your child’s other parent is a substance abuser

As a Florida parent, you likely want the very best for your child, but when your child’s other parent abuses substances, it can raise questions about exactly what “best interests of the child” really means. At the Law Office of Philip J. Schipani, we understand that you want to protect your child, and we have helped many parents facing similar circumstances navigate co-parenting with a substance abuser.

Is joint custody worth the effort?

Divorcing parents in Florida have lots of decisions to make, and one of the biggest relates to child custody. If you are wondering whether your child should stay mostly with you or move back and forth in a shared - or joint custody -  arrangement, you may want to consider a study Swedish researchers released in 2015.

How do judges determine the best interests of a child?

Many divorces involve the question of what will happen to the children of the splitting couple. Will the children divide their visitation time between the ex-spouses equally, will they spend more time with the other, or is one spouse even unfit to house the children at all? When these questions are in the hands of a Florida judge, expect these issues to be examined in light of what the child’s or children’s best interests are.

Determining your moral fitness

Many of the Sarasota clients that we here at The Law Office of Phillip J. Schipani, P.A. have worked with have found setting aside their emotions towards their ex-spouses in order to work together to create a parenting plan to be one of the most difficult elements of their divorces. With the pain associated with your breakup still fresh in both your minds, it may be easy to see why both you and your ex-spouse believe yourselves individually as being the better option to raise your kids. The law, however, has set its own standard on how custody should be determined. 

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Law Office of Philip J. Schipani
1605 Main Street, Suite 608
Sarasota, FL 34236

Phone: 941-549-8981
Fax: 941-366-7331