Sarasota Child Custody Lawyers
According to Florida law, all child custody determinations must prioritize the best interests of the children. While most parents agree with this principle in theory, they often disagree on the specifics of a parenting time schedule. Parents may also differ on other aspects, such as distinguishing between a child’s needs and wants, or understanding the difference between the child’s best interests and those of the parent.
The compassionate Sarasota child custody lawyers at Carman, Bevington & Finegan, P.A. understand the immense pressure that a child custody dispute puts on a family. Most of the people on our professional team have gone through similar experiences. This understanding drives us to find long-lasting and cost-effective solutions that benefit your family both now and in the future. This compassion also motivates us to work hard every day on your case. Such diligent efforts almost always produce successful outcomes.
Initial Determinations
We mentioned the best interests of the child above. This maxim applies in all divorce, paternity, and other original child custody determinations.
Incidentally, also as mentioned above, Florida lawmakers have replaced the term “custody” with “parenting time.” The Sunshine State has a co-parenting law which presumes that children benefit from meaningful and consistent contact with both parents.
Nevertheless, the law still designates a primary parent who has most of the decision-making power. This determination, along with a determination of the parenting time schedule, usually depends on several factors, such as:
- Current Informal Arrangement: The devil you know is better than the devil you don’t know. If the current, informal parenting time arrangement works effectively, even if problems exist, most judges would like to keep that plan in place, at least for the most part.
- Agreements Between the Parties: There’s an adage among Sarasota child custody lawyers that even if a court designates the less ideal parent as the primary parent, it’s often preferable to a prolonged court battle. Of course, this aphorism isn’t true in all cases. But it is true in most cases. Generally, emotional courtroom showdowns benefit no one in the end.
- Parent’s Preference: A few parents directly express their preferences. They outright state that they want custody or they want to be weekend parents. Most parents express preferences indirectly. If Dad had shown little interest in soccer games and school plays during the marriage, Dad would probably not be a very good primary residential parent.
Other factors to consider include the child’s preference, if any, a parent’s physical, emotional, or other disability, and the child’s special needs.
Subsequent Modifications
The same best interests of the children principle applies in subsequent modifications. Emotional and geographic changes often prompt child custody modification proceedings.
Children usually feel closer to one parent or the other at different times. Slight adjustments in the parenting time schedule usually do not justify a modification action. But if the change is substantial (e.g., every other weekend becomes every other week), formal modification may be necessary.
The same thing is true in geographic matters. In fact, under Florida law, most primary residential parents can relocate less than fifty miles away from their current addresses without seeking court permission. Long-distance moves require a judge’s approval.
In all modifications great and small, always get it in writing. Side agreements are unenforceable in family court. So, if one parent unilaterally decides to go back to the way it was before, the other parent is left out in the cold.
It’s also important to note that child custody and child support are completely separate issues. Parents who never pay a dime are still entitled to court-ordered visitation.
Count on a Diligent Sarasota County Child Custody Attorney
Divorce and related issues are pressing matters for most families. For a free consultation with an experienced child custody lawyer in Sarasota, contact Carman, Bevington & Finegan, P.A. We routinely handle matters throughout the Sunshine State.