Sole custody in divorce florida
But those attorneys are underpaid and overworked. Furthermore, the Courts can make drastic decisions regarding your children with very little information.
If the safety of a child is at stake, a private attorney is always the best thing. Ayo and Iken has several attorneys experienced in the complexities of the Florida dependency court system.
If there is a final judgment in place that provides a situation akin to sole custody, it is always in danger of a parent reopening the case for modification. No matter what the circumstance the courts always go back to the guiding principle: that both parents should be involved in the life of a child.
If one parent has minimal rights under a custody order or parenting plan and reopens the case for modification — it is difficult and complex to completely stop their efforts. But the ultimate deciding factor will be the evidence presented in court. This can only be done in dependency court, is extremely tricky, and takes a year or more. A family law court will not normally terminate the parental rights of a parent.
Under normal circumstances, a parent cannot consent to termination of their rights unless in the case of a step parent adoption and even then it is very difficult and you have to prove abandonment or possible harm to the child. Without the other parent consenting or agreeing, it is very difficult.
Possible Reasons for Sole Custody
A court will NOT terminate the rights of a parent just because they want to, unless there is a person willing to simultaneously adopt the child. In cases of step parent adoptions and termination of parental rights. The Florida Courts have combined the two procedures.
However, these cases are very tedious a to the correct paperwork and is best to have a qualified Attorney prepare the documents and lead you through the courts. For parents that want to get sole or full custody, the following is an important list of steps to take:. In a practical sense the key is to strike while the iron is hot.
What Rights go with Sole Custody?
Determine a budget and discuss this with your attorney. If sole parental responsibility and time sharing is what you are truly seeking, you will need experts and documented history of issues. This will come in the form of expert witnesses and documented behavior of the other parent. Also, it is important to get an Attorney who knows and works in front of the judge you will be in front of often. For example, a judge in one county may take any form of substance abuse very seriously and order hair follicle tests and substance abuse evaluation based on your testimony, but a Judge in another county may not take substance abuses, such as marijuana use as serious.
So knowing your Judge and their hot points is important. For example, a client was concerned about the fact that the Father had firearms in the home. She was insistent that the Father should not have the child at his home due to this fact. However, I have been in front of this Judge prior and knew that he was a card carrying member of the NRA. I advised my client that this issue would backfire on them if brought in front of this judge.
- Asking for a Custody Order.
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The Florida courts may not actively encourage your goal to have sole custody. And the statutes have eliminated or obscured the concept.
How to Represent Myself for Sole Custody in Florida
But a lot of what you want is achievable if you go about it the right way. You need to think carefully, make the important decisions, and retain an Ayo and Iken attorney that will fight for your cause. You can get sole custody in rare situations. It is difficult but not unheard of. You will need a good custody attorney that believes in you and a compelling story. But if the other parent is unstable, unreliable, on drugs, or simply dangerous — sole custody or full custody may be an option.
First, an explanation of exactly what is sole custody is. The Florida family law courts and custody statutes define two separate but linked issues: parenting time, and parental responsibility. Parenting time defines with parent receives time with their child and what the contact schedule will be. Based on hundreds of cases and contact with many parents, we observe that clients want the following when they speak of getting sole custody, or full custody:.
That belief is not realistic or achievable in family law court — except under extraordinary circumstances. Jason Ponder was very patient and helpful. He answered all my questions and guided me through the legal process. Jeff — Avvo. Need assistance with this form? Free Consultation is limited to individuals considering hiring an attorney.
Not all situations qualify. Fee charged for appellate case evaluations.
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I had a very short time to find an attorney, this office was able to answer my questions online over the weekend and schedule me bright and early Monday for a consultation with Jason Ponder. In Florida, a judge will typically rule in favor of shared physical custody so that each parent would have the opportunity to spend time with their child on a regular basis. In regard to legal custody, however, it is a parent's ability to make major life decisions that differentiates the two.
Legal custody simply refers to a parent's right to make decisions about their child's well-being. For example, having legal custody would give a parent the freedom to make choices about their child's education, religious practices and medical treatment — regardless of whether or not they were concurrently afforded physical custody.
Being able to make such decisions is an elemental part of being a parent, so it is important that you fight for the legal rights that you deserve. When determining who will be primarily responsible for a child, the judge can choose to grant one parent sole custody or divide the custody jointly. If, for example, it was decided that sole custody would better serve the best interests of the child, the judge may also allow the other parent to devise a suitable visitation schedule.
If you are interested in devising a parenting plan that would be beneficial for all parties involved, it is important that you enlist the help of an experienced legal professional early on in the process. When you obtain the help of a Jacksonville divorce attorney from my firm, you can rest easier knowing that your best interests would be looked after, as well as your child's.
For this reason, I encourage you to get in touch with the firm as soon as possible to discuss your case.
Getting Sole Custody in Florida [Step-by-Step Guide 12222]
Call now at to get started. Types of Child Custody in Jacksonville, FL Finding a Parenting Plan that is Right for You When a couple has made the decision to legally end their marriage in Jacksonville, FL, there are several important factors that must be sorted out before they will have the chance to move on separately. Even so, there are four different types of custody that could be awarded, including: Sole Physical Custody Joint Physical Custody Sole Legal Custody Joint Legal Custody Speak to One of My Firm's Jacksonville Divorce Lawyers Today If you are interested in devising a parenting plan that would be beneficial for all parties involved, it is important that you enlist the help of an experienced legal professional early on in the process.
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