Over 50 Years Of Providing International Family Law Support To Families Around The Globe

Miami Child Custody Lawyer

Last updated on December 13, 2024

Child custody is often one of the most contentious issues in a divorce or paternity case. At The Law Offices of Lawrence S. Katz, P.A., attorney Katz understands that child custody battles can be emotionally and mentally draining. You may be anxious about your children being away from you for extended periods and wonder about their well-being. When your children’s welfare is at stake, select a law firm with the experience to face any challenge. For many decades, lawyer Lawrence Katz has represented parties in intricate family law disputes in South Florida, throughout the United States and abroad. He can help you, too.

Child Custody In Florida

In Florida, courts determine all matters relating to the custody of children according to the best interests of the child and the Uniform Child Custody Jurisdiction and Enforcement Act. Absent a history of abuse or neglect, children should have frequent and continuing contact with both parents. Both parents should participate in and bear the responsibilities of child rearing following a Miami divorce or dissolution of marriage.

What Factors Affect Parenting Plans And Time-Sharing?

Fathers are accorded the same consideration as mothers in establishing a parenting plan with time-sharing, regardless of the age or sex of the child. When ordering a parenting and time-sharing plan for the child, the court’s primary consideration is the best interest of the child. To determine the best interest of the child, the court considers:

The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, honor the time-sharing schedule, and be reasonable when changes are required.
The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
The demonstrated capacity and disposition of each parent to determine, consider and act upon the needs of the child as opposed to the needs and desires of the parent.
The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against the relocation of either parent with a child.
The moral fitness of the parents.
The mental and physical health of the parents.
The home, school and community record of the child.
The reasonable preference of the child if the court deems the child to be of sufficient intelligence, understanding and experience to express a preference.
The demonstrated knowledge, capacity and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities and favorite things.
The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline and daily schedules for homework, meals and bedtime.
The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
Evidence of domestic violence, sexual violence, child abuse, child abandonment or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action of domestic violence, sexual violence, child abuse, child abandonment or child neglect.
The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
The demonstrated capacity and disposition of each parent to maintain an environment for the child that is free from substance abuse.
The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child and refraining from disparaging comments about the other parent to the child.
The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

What Is A Parenting Plan?

In 2008, Florida law changed significantly, and traditional notions of child custody and visitation were replaced with the concepts of parenting plans and time-sharing. A parenting plan is a plan that addresses all aspects of parents’ rights and responsibilities with respect to their children. Parenting plans apply to international and domestic matters alike.

Parenting plans may be established by agreement of the parents or by a judge. Plans established by the parents are subject to court approval to ensure that the plan is in the best interests of the children. Once a plan is approved by the court and incorporated in the final divorce judgment or paternity judgment, both parties must comply with the plan.

What Is Time-Sharing?

One of the most important parts of a parenting plan is the section setting out the terms of the parties’ time-sharing arrangement. The plan should clearly state where the children are going to live, how many overnights the children spend with each parent and holiday visitation.

What If My Ex Refuses To Comply With Our Parenting Plan?

A parent who fails to comply with the parenting plan may be subject to court fines or contempt. Parents may not withhold time-sharing (visitation) because of the failure to pay child support payments. Likewise, a parent may not stop paying child support because the other parent is withholding time-sharing (visitation).

How Can Parental Alienation Impact A Child Custody Case?

Parental alienation occurs when one parent negatively influences a child’s perception of the other parent, potentially damaging the parent-child relationship. This behavior can significantly impact child custody decisions in Florida. Courts consider the emotional and psychological well-being of the child as paramount. Demonstrating that one parent is actively undermining the child’s relationship with the other can influence the court’s decision on custody arrangements. Attorney Katz recognizes the sensitivity of these situations and effectively addresses them in court to protect the child’s best interests and the client’s parental rights.

Are Sibling Relationships Considered During A Child Custody Dispute?

In child custody disputes, Florida courts recognize the importance of maintaining sibling relationships. They strive to keep siblings together to provide emotional stability and continuity in family relationships. Accordingly, they generally avoid separating siblings unless doing so is shown to be in each child’s best interest. Attorney Katz also recognizes the importance of these bonds and advocates for custody arrangements that honor and preserve sibling connections whenever possible.

Can Your Child Decide Which Parent To Live With?

In Florida, a child’s preference in custody cases can be considered by the court, but it is one of many factors. The court must determine whether the child possesses sufficient maturity and understanding to express a meaningful preference. Typically, this consideration is part of a broader evaluation of all factors that affect the child’s welfare.

Why Should You Hire Lawrence S. Katz As Your Miami Child Custody Lawyer?

Hiring Lawrence S. Katz as your child custody lawyer in Miami means securing a formidable advocate with extensive experience in both domestic and international cases. With over five decades of family law practice, Mr. Katz has a profound understanding of the complexities involved in custody disputes and is adept at navigating both straightforward and high-conflict cases. His strategic approach is tailored to meet the unique needs of each client, ensuring that their rights are protected and their children’s welfare is prioritized.

Contact A Child Custody Lawyer In Miami To Schedule A Meeting

Attorney Katz understands the sensitive nature of child custody battles. He provides professional, compassionate representation from your first meeting until the end of your case. No matter what custody issues you face, he helps you quickly reach the resolution that is best for your family. Contact him at 786-304-1180 or online to schedule a consultation. Se habla español.