Cape Coral Child Custody Attorneys

Let Our Firm Help You Deal With Hotly Contested Child Custody Matters

Going through a family change is difficult, especially when children are involved. Making new arrangements for your children and determining a visitation schedule that best fits their needs can seem very overwhelming.

When you are faced with challenges like this, turn to our family law firm for caring and knowledgeable guidance. Our child custody lawyers can help you achieve the best outcome for your family.

Located in Cape Coral, Fort Myers, and Naples, we are Lusk, Drasites, & Tolisano PA. Our law firm represents a broad range of clients in family law matters, including divorce, child support, property and asset division, and child custody and visitation matters.

Call (239) 908-4930 or contact us online today to schedule a free case evaluation.

Child Custody in Florida

In Florida, child custody refers to the legal determination of how parents will share responsibilities and decision-making for their children following a divorce or separation. Florida law uses the term "parental responsibility" rather than "custody," emphasizing that the focus is on the child's best interests rather than the rights of the parents.

Here are the several types of child custody arrangements:

• Sole Parental Responsibility: One parent has the exclusive right to make decisions regarding the child’s upbringing, including education, health care, and religious instruction. This arrangement is less common and usually only ordered when shared parental responsibility would be detrimental to the child.
• Shared Parental Responsibility: Both parents retain full parental rights and responsibilities, and they must confer with each other to make major decisions about the child’s life. This is the most common arrangement, as Florida courts generally believe that children benefit from having both parents involved in their lives.
• Time-Sharing: In Florida, there is no legal presumption in favor of either the mother or the father, and the time-sharing schedule will depend on the specific circumstances of the case. The court will establish a schedule that may include where the child lives during the week, weekends, holidays, and vacations.
• Supervised Visitation: This is a form of time-sharing where one parent is only allowed to visit the child under supervision. This arrangement is typically ordered when there are concerns about the child’s safety with that parent.

In Florida, parents are required to create a Parenting Plan, which outlines how they will share parental responsibilities, including time-sharing schedules.

How Family Court Determines Child Custody in FL

When determining child custody in Florida, the court's primary concern is the best interests of the child. To assess this, the court evaluates various factors, each of which contributes to ensuring that the custody arrangement supports the child’s overall well-being.

Here are some factors the court considers:

• The Child’s Relationship with Each Parent: The court examines the depth of the emotional bond between the child and each parent, as well as the parent’s involvement in the child’s life, including caregiving responsibilities and participation in the child’s daily activities.
• Parental Capacity and Disposition: The court considers each parent's ability and willingness to meet the child's needs, including providing a stable home, emotional support, education, and medical care. This includes the parent’s ability to prioritize the child’s welfare over their own desires.
• Continuity and Stability: The court evaluates the importance of maintaining consistency in the child’s life, such as their current living situation, school, and community. The goal is to minimize disruption and promote stability.
• Co-Parenting Skills and Cooperation: The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent is crucial. The court looks at each parent’s cooperation, communication skills, and respect for the other parent’s role in the child’s life.
• Moral Fitness of the Parents: The court may consider the moral character and behavior of each parent, especially if these factors affect the child’s well-being. However, this is less about personal morality and more about how any conduct might impact the child.
• Mental and Physical Health of the Parents: The mental and physical health of each parent is evaluated to determine their ability to care for the child. Any health issues that may hinder a parent’s ability to provide a safe and nurturing environment for the child are taken into account.
• The Child’s Preference: Depending on the child's age and maturity level, the court may consider the child’s preference. However, the child’s wishes are not the sole deciding factor and are weighed alongside other considerations.
• Evidence of Domestic Violence or Abuse: Any history or evidence of domestic violence, child abuse, or neglect is critically important. If a parent has been involved in such activities, it could significantly impact the court’s decision, potentially leading to supervised visitation or sole parental responsibility being granted to the other parent.
• Parenting Responsibilities: The court assesses each parent's involvement in the child’s life before and after separation, including who has been responsible for the majority of the child’s daily needs, such as education, health care, and extracurricular activities.
• Home, School, and Community Record: The child’s adjustment to their home, school, and community is considered. The court seeks to ensure that the custody arrangement will not negatively impact the child’s educational performance, social life, or overall well-being.
• Geographic Viability of the Parenting Plan: The feasibility of the proposed parenting plan, especially in cases where parents live far apart, is assessed. The court considers how the distance might affect the child’s relationship with both parents and whether a workable time-sharing schedule can be implemented.
• Parental Substance Abuse: The court examines any evidence of substance abuse by either parent. A history of drug or alcohol abuse can significantly impact custody decisions, especially if it affects the parent’s ability to care for the child.
• Any Other Factor Relevant to the Child’s Well-Being: The court has discretion to consider any other factor it deems relevant to determining the best interests of the child, ensuring that all aspects of the child’s welfare are taken into account.

Ready to Fight for Your Best Interests & Your Children

If you are going through a divorce, the biggest question on your mind may be, "Will I retain child custody?" While there is no straightforward answer, you're more likely to achieve favorable results when you work with an experienced child custody attorney. At our family law firm, you can put your trust in our child custody attorneys. Our team has been practicing law for many years and is even ready to go to trial to advocate for your child's best interests.

For child custody, the courts will take a realistic look at your family's situation and determine custody based on a number of different factors. They will examine the family dynamic, past performance of the parent who has been caring for the kids, and any other factors such as substance abuse or violence. We understand what the courts will look at and how the judges are most likely to rule. No matter how challenging your situation may be, our child custody lawyers will aggressively stand up for your child's best interests. 

To request your free legal consultation with one of our Florida child custody lawyers, call Lusk, Drasites, & Tolisano PA toll-free at (239) 908-4930.