Florida Child Custody Attorney
Safeguarding Your Parental Rights in Ocala
Divorce is a complicated matter with many ups and downs. When children are involved,
the proceedings can become extremely difficult for the parents and the
kids. But make no mistake: representation from experienced legal counsel
is paramount if your spouse is being uncooperative and not putting the
well-being of the child above all else.
At Anne E. Raduns, P.A., we believe in an aggressive yet compassionate
approach to our clients’ child custody issues. To speak with an
experienced child custody attorney about your goals and concerns, call us at
How Child Custody Is Determined In Florida
In the state of Florida, if parents
plan to divorce, the “petition for dissolution” needs to come with a “parenting plan,” which is a basic outline of how the parents plan to raise their
child after they are divorced. This plan must be fully agreed upon by
the child’s parents. In some cases, the agreement can be
mediated by an attorney and submitted on behalf of the parents, or can be filled
out by the courts in cases where it is necessary to intervene.
The parenting plan includes subjects such as:
The goal of the parenting plan is to come to a peaceful, legal, and uncomplicated
resolution that is in the best interest of the child. In addition, this
document outlines each parent’s legal rights in terms of custody
so that there are no complications in the future.
How to Prove a Parent Unfit
In child custody proceedings, the court may evaluate the fitness of a parent.
Fitness describes the physical and mental capability of the parent in
regards to taking care of the child. If a parent is suspected to be unfit,
then there are certain factors that must be evaluated by the court before
ruling on custody or visitation. These factors include:
Any history of domestic violence, drug abuse, or alcohol abuse
Any history of mental illness that would prevent the parent from taking
care of the child
Any history of child abuse or neglect
Any history of the parent showing an unwillingness to be part of the child's life
If the court cannot make a determination based on those factors, they may
retain the services of an evaluator to monitor the interactions of the
parent and child.
Sole & Joint Custody
Joint custody of a child is the ideal outcome where both parents are caring
for and involved in a child’s life. When it comes to joint custody
it is important to outline the initial scheduling of a parent’s
timesharing rights. Legally deciding the parent’s time of involvement
with their child. This can come in the form of fully divided custody,
where a child lives equally among each parent, or visitation and vacation rights.
One parent might have the majority of time with the child, but it is also
important to keep in mind that
both parents have rights unless otherwise stated. In cases of a majority, custody schedule for holidays and school breaks
are crucial to outline so that there is no confusion between the parents.
If a parent has majority custody, it is important to outline a schedule
of visitation rights if need be.
Cases of sole custody are usually reserved for cases when a parent is neglectful
or abusive, and all the rights are given to a single parent. One parent
carries all the rights to decision making and visitation rights. If the
other parent is granted visitation, the legal guardian must outline the
supervision requirements during meetings, guidelines on exchanging the
child, transportation to and from the exchange, and times when it is appropriate
to communicate with the child.
All custody rights are contingent on the agreed-upon plan presented when
filing for dissolution.
Our office is based in Ocala and we represent clients throughout Central
Florida. To discuss parental rights and obligations with an experienced
child custody attorney, contact Anne E. Raduns, P.A., at