Orlando Office: (407) 422-2411
Consultation
Orlando Office: (407) 333-1382

How does a judge decide who should get custody?

Child custody has changed significantly over the past few decades. Years ago, mothers were almost always awarded primary custody of the children while fathers were granted limited visitation time. It was widely accepted that mothers were better parents and children fare better in their care.

However, research over the years has shown that both parents play an extremely important role in children’s lives. For that reason, it is now more common for parents to share custody of their children. In fact, the state of Florida amended its laws in 2008, getting rid of the terms “primary custody” and “sole custody” in exchange for the term “parenting plan.”

Under this revised legislation, parents in Florida are expected to work together to come up with a parenting plan that is in their children’s best interests. Of course, this isn’t always an easy thing to do, even when both parents truly do want what’s best for their children.

That’s when parents can turn to an attorney for help.

An experienced attorney can represent a parent’s interests and rights while working toward a settlement through negotiations or mediation, or in court if the parents are not able to reach an agreement.

When a case does go to court, the judge presiding over the case considers 20 statutory factors in determining a proper parenting plan. An experienced family law attorney can help gather evidence and testimony that supports his client’s case in light of these factors.

Child custody is one of the most emotional and highly-contested matters in family law because the stakes are so high. Additionally, both parents now have to demonstrate to the court why they should be awarded more time with the children or more authority since mothers are not automatically given primary custody.

A family law attorney with years of experience can be extremely helpful to parents who are in the fight to remain an important part of their children’s lives. For more information on how our firm assists parents the Orlando, Florida, area in child custody matters, please visit our Child Custody and Visitation page. 

No Comments

Leave a comment
Comment Information