One of the biggest concerns many couples have when breaking up is what will happen to their children.
Ensuring your child receives proper care, attention, and reassurance about their future can be more complicated when the work is done in two separate households. However, a good custody order can help ensure your child’s well-being. Our experienced Dade City child custody attorney can help ensure that the court develops a custody order that works for your family’s unique circumstances.
Attorney Jon Newlon of Newlon Law, P.A., has represented clients for more than 25 years and is ready to fight for you and the welfare of your children. Contact our legal team at Newlon Law, P.A., today to start developing the best custody arrangement to suit your family’s needs.
Parents’ Rights in Child Custody Cases
In Florida, the default position of family courts is to give both parents the right to spend time with their child, staying involved and making important decisions in their life. The court’s primary concern in a custody case is the child’s best interests, meaning the court wants to ensure your child has a safe, stable, and loving environment.
When you are a party in a custody case regarding your child, you have the right to be heard and present evidence supporting your case. One of the best ways to be heard and to have your parenting rights respected is to hire our experienced Pasco County child custody attorney to handle your case. Our team is well-versed in Florida family law and collaborates with each client to get the best results in court proceedings and negotiations.
Different Types of Child Custody
Florida law uses the terms “time-sharing” and “parental responsibility” to refer to types of child custody. Here is a brief overview of each.
Time-Sharing
Time-sharing covers where a child will reside day-to-day and on special occasions, as well as the type of visitation each parent will have with the child. Some states call time-sharing “physical custody.”
Parental Responsibility
Parental responsibility covers the decision-making authority each parent will have over their child. A parent with parental responsibility rights can make decisions regarding matters such as:
- The child’s education,
- The child’s religious upbringing,
- The child’s medical care, and
- Any other significant matters in the child’s life.
A parent who doesn’t have sole parental responsibility might be able to make minor decisions regarding the child while the child is visiting or staying with them. However, a parent who doesn’t have sole parental responsibility must consult with the parent with joint or sole responsibility before making major parenting decisions.
Different Custody Arrangements
Depending on your family’s circumstances, the court may grant sole or joint parental responsibility and joint or sole time-sharing to you or the other parent. Once again, the court bases its decisions on your child’s best interests.
Factors Determining a Child’s Best Interests
Florida courts consider many factors when making custody orders and deciding what’s in your child’s best interests. These factors include:
- The health of everyone involved;
- Each parent’s ability to provide a loving and stable environment for the child;
- The child’s wishes if the child has enough understanding and experience to express a preference;
- Each parent’s level of involvement in the child’s life;
- The moral fitness of each parent;
- Each parent’s ability and willingness to encourage a close relationship between the child and the other parent;
- Any history or threat of violence, criminal activity, neglect, or substance abuse;
- The geographic location of each parent;
- Each parent’s ability to protect the child from the legal proceedings;
- The parenting tasks that each parent performed before their relationship ended;
- The child’s needs;
- Each parent’s ability to cooperate with the other parent; and
- The child’s history with their community, school, and home.
When arguing for your right to custody, you might come up against unfair allegations about your parenting abilities, or you might have to expose uncomfortable truths about the other parent. You don’t have to do this alone. We can present the evidence necessary to protect your rights while remaining respectful and maintaining as much peace as possible in your family dynamic.
How to Start a Child Custody Case
To start a child custody case, you need to file a petition with the court. Custody cases are often part of divorce proceedings, but parents who were never married can also file custody cases. Petitions for custody include information about your child, information about the other parent, your parenting history, and your proposed parenting plan. Our skilled Dade City child custody attorney can help you with this process.
Evidence in a Child Custody Case
Compelling evidence is crucial for effectively asserting your custody rights. This evidence can help the judge understand your parenting abilities and why your proposed parenting plan is in your child’s best interests. Strong evidence of your rights can also convince the other parent to negotiate fair terms in a parenting plan agreement.
Here’s what you might need:
- Photos, videos, and recordings;
- Testimony from people close to you or your child;
- School records;
- Financial documents;
- Expert testimony;
- Healthcare reports,
- Copies of correspondence regarding your child or the other parent; and
- Reports from law enforcement or child and family services.
Gathering this evidence isn’t always easy and might require submitting special motions to the court. Jon Newlon is one of the best Dade City child custody attorneys and knows how to gather all the evidence you need to build the best case.
Enforcing a Child Custody Order
If the other parent doesn’t follow your child custody order, you can ask the court to enforce it. Doing so may involve legal action, such as contempt sanctions or modification of the custody order, to ensure compliance. A good child custody attorney can help bring a noncompliant parent to justice.
Modifying a Child Custody Order
Your custody order can change along with the changes in your and your child’s life. The court might modify your child custody order if there’s a substantial change in your circumstances.
Changes that may warrant a modification of your order might include:
- A change in either parent’s work schedule,
- A parent’s relocation,
- A change in your child’s needs, or
- A new circumstance that poses a threat to your child’s well-being.
Of course, the court doesn’t modify an order unless it believes the change will be in your child’s best interests. Our Dade City child custody lawyer can stay with you as your case evolves and help you receive necessary changes to your custody order for every stage of your child’s life.
Get Good Legal Protection Today
We know that protecting your family is a top priority, and we have the tools to help you. At Newlon Law, P.A., you can get help from one of the best child custody attorneys in Dade City.
Jon Newlon has over 25 years of experience and has received many awards for his legal work. Our team can give you big firm representation with the personalized small firm atmosphere many families need.
Call our firm or contact us online today to schedule a consultation. Let us walk you through the custody process, answer your questions, and begin the process of protecting your legal rights and those of your child.