Child Custody Lawyer Melbourne, FL
Melbourne Child Custody Attorney – Protecting Parental Rights in Brevard County
Child custody arrangements in Melbourne can cause tensions to rise between parents and family members. When parents disagree about how to raise kids or where they should live, they can seek help from an experienced child custody lawyer. Melbourne parents and guardians can rely on the legal team at Platt Cole Russell & Simpson PLLC for legal assistance in child custody cases.
Whether you’re seeking sole custody or shared custody, having legal support is important. A Melbourne family law attorney can help you prove your capability as a parent and increase your chances of obtaining custody. The experienced attorneys at Platt Cole Russell & Simpson PLLC help Melbourne parents understand their rights and prepare for court.
Talk to a lawyer about your case today. Call us at (321) 725-3425 to schedule your free initial consultation.
Types of Custody in Florida
Florida courts determine custody arrangements based on the child’s relationship with their parents and the child’s best interests. Parents may share parental responsibility (formerly known as joint custody), or one parent may have sole custody.
Shared vs Sole Custody (Shared vs Sole Parental Responsibility)
If both parents agree to share parental responsibility, they can seek shared legal custody of their child. Shared parental responsibility means that both parents are entitled to participate in major decisions about their child’s life. This includes decisions regarding educational needs, health care, religious upbringing, and other major issues. Shared custody is the most common type of custody arrangement in Florida. Courts typically prefer shared custody over sole custody, unless there are domestic violence or child abuse concerns.
Sole parental responsibility or custody means that one parent has exclusive decision-making authority over matters such as mental and physical health care, religion, and education. In such cases, the child’s primary residence will likely be with the parent with sole responsibility. In other states, this is referred to as physical custody. Although the child may primarily reside with one parent, the other parent may still have time-sharing rights. Sole custody is usually granted when the court finds that shared parental responsibility would be detrimental to the child. For example, the court will likely grant sole custody in cases involving domestic violence, drug abuse, child abandonment, or neglect.
Time-Sharing Schedule in Melbourne Family Court (Replaces Visitation)
In Florida, parenting time refers to parental rights that other states categorize under physical custody or visitation rights. Time-sharing schedules ensure that each parent gets to spend time with their child. When parents separate and stop living together, a court-approved time-sharing schedule details how much time each parent can spend with their child. If parents aren’t able to reach an agreement in a child custody case, the court will decide on a time-sharing schedule that benefits the child. Schedules may give equal time to each parent or award one parent sole time-sharing. In such cases, the other parent may still retain limited time-sharing rights.
If you need help with time-sharing schedules, call Platt Cole Russell & Simpson PLLC. Our Florida time-sharing schedule attorneys have extensive experience in helping families in Melbourne.
Requirements for Parenting Plan: Florida
Parenting plans address key aspects of how parents plan to raise and provide for their children after separation. A parenting plan must include how the parents will delegate responsibility for the child’s daily tasks, extracurricular activities, health care, and school-related matters. It must also specify how and when each parent will communicate with the child. Time-sharing schedules are an essential part of parenting plans.
The court determines if a proposed plan meets the child’s needs, ensuring stability, cooperation, and a healthy parent-child relationship. To make sure your plan meets the court’s criteria, consider hiring a Melbourne parenting plan lawyer.
Florida Custody Laws
Title VI, Ch. 61 of the Florida Statutes governs various legal matters related to the dissolution of marriage and child custody. This chapter details parental rights and responsibilities regarding children’s care and support. It also outlines parental coordination requirements and other related issues.
Florida Statute For the Best Interest of the Child
In child custody cases, Florida law prioritizes the child’s welfare. Florida Statute § 61.13 states that court decisions regarding time-sharing, parental responsibility, and child support must serve the child’s best interest. Furthermore, the court’s decision must adhere to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Factors Melbourne Courts May Consider and Guardian Ad Litem Role
Courts consider many factors when determining custody issues. The nature of the parents’ relationship with the child, including the extent of their involvement in the child’s life, is one important factor. Parents’ ability and willingness to work with one another also matter. Courts consider how well parents can meet their child’s developmental needs. Parents must provide a safe, suitable living environment for their child. Additionally, parents must ensure that their child attends school and help them with daily activities.
The Guardian Ad Litem (GAL) role is a neutral advocate appointed by the court to represent a child in legal proceedings. Courts often assign a GAL to cases involving child abuse, abandonment, or neglect. This person aims to protect the best interests of the child. They will investigate issues related to the custody case and make recommendations to the court accordingly. The investigation process can involve assessing the child’s living environment or interviewing adults in their life, including parents, teachers, and other family members. The GAL will also listen directly to the child’s concerns.
Child’s Preference Consideration Based on Age and Maturity
Courts may consider the child’s preference when determining custody matters, depending on their age and maturity. The court carefully reviews the requests, taking into account the child’s reasoning, emotional stability, and relationship with each parent. The final judgment, however, will favor whichever arrangement provides the most safety and security for the child.
How to Get Custody Of A Child in Florida
To get custody of a child in Florida, you must go through the formal legal process. The process can differ for divorcing, separated, and unmarried parents. To help the process go smoothly, it is important to stay organized and hire a family attorney who can help you understand the court process, required paperwork, and deadlines.
Brevard County Family Court Process
The Brevard County Family Court process begins with filing your case. Parental responsibility and time-sharing decisions are automatically included in divorce cases involving minor children. If you’re separated from your spouse, you can file for custody without filing for divorce. Unmarried parents will need to file for paternity as part of filing for custody. Your petition should outline your request for child custody, time-sharing schedule, and other matters.
After a parent files for custody, the court may require one or both parents to complete a parenting course. If certain issues can’t wait until the end of your case, you can also ask for a temporary order before the case begins. The judge may schedule a hearing to address such issues.
If the parents cannot settle on custody terms, they then proceed to mediation. During this step, a mediator helps them create a parenting plan they agree on. Contested custody cases go through the trial process, where both sides have the chance to present their arguments.
Required Documents for Child Custody Cases
The documents required for your child custody case depend on your unique circumstances. All custody cases require a Cover Sheet, a Child Support Guidelines Worksheet, a parenting plan, and a UCCJEA Affidavit. Divorcing parents will need to fill out a Petition for Dissolution With Dependent or Minor Children. Unmarried parents must fill out a Petition to Determine Paternity and for Related Relief. You may also need to fill our other legal forms.
In addition to filling out particular forms, you may also need to share other important documentation. This can include the child’s birth certificate, any prior court orders or divorce decrees, and financial records. Additional evidence, such as character references, police reports, or proof of moral fitness, will be helpful for the case. An attorney can make sure you have all of the necessary documents prepared for your custody case.
Reasons to Modify Parenting Plan: Florida Family Law
Under Florida law, a plan modification is granted only when there is a substantial change that affects the child’s life or the way the child spends time with their parents. Job or income changes, parental relocation, or changes in the child’s needs may require plan modification. If parents can’t agree on a specific parenting plan, they can take their case to court.
The team at Platt Cole Russell & Simpson understands how sensitive parent plan modifications can be. We offer experienced services to parents in Florida, helping them negotiate changes. Call our custody modification attorneys in Melbourne, FL today to learn how we can help you.
Relocation: Moving With a Child Out of Brevard County
Relocating out of Brevard County with a standing custody agreement can be difficult. Under Florida Law, if a child resides or primarily lives with you and you plan to move more than 50 miles away, you must get written consent from the other parent to move. If they will not consent, you can file a petition to relocate with the Brevard County Circuit Court.
You must provide the reason for the move, the new address, and a proposed parenting plan outlining how the relocation will affect the child’s daily schedule and time with other family members. The non-moving parent must respond within 20 days. If the parent objects, the court will determine whether the relocation is in the child’s best interest before making a final decision. For legal help with relocation, contact a Melbourne child relocation lawyer.
Out-of-State and Interstate Custody (UCCJEA)
When divorced parents live in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps decide which state’s court will handle the case. This ensures that only one court is responsible for the custody case, preventing confusion. The law requires each state to remain in compliance with these rules during a custody proceeding, making the process smoother and more consistent.
Typically, jurisdiction falls to the court in the child’s home state, where the child lives and goes to school. Once a court’s jurisdiction is determined, that court will maintain jurisdiction over that child’s custody except under specific conditions.
Temporary Custody: Florida Legal Process
When parents are unable to provide for their children, family members may seek temporary custody of the child. This can allow them to provide proper care while parents deal with challenging issues such as substance abuse, mental health struggles, and more. While family members can agree to care for a child without a formal transfer of custody, they may not be able to make certain decisions without it. Temporary custody gives a relative the right to make decisions regarding the child’s school, medical care, and other legal matters.
To obtain temporary custody in Florida, you must file a petition with the court, including a proposed arrangement and the reasons for it. Next, you must either obtain the parent’s consent or serve them notice of your intent to file for temporary custody. During the hearing, a judge will consider your case and, if the parents contest the petition, listen to the parents’ side as well.
Emergency Custody Order in Brevard County
Some custody situations may require an emergency custody order if the child is in immediate danger. A judge can grant an ex parte order without the consent of the parent in emergency situations. Emergency custody cases typically involve risk of sexual violence, neglect, parental abduction, physical harm, or other serious risks. Judges can issue emergency custody regardless of whether prior or pending actions related to these issues have been brought to court. To obtain emergency custody, you must back up your claims with sufficient evidence.
When an emergency order is filed, the court can temporarily change physical custody until a hearing is finalized. This is to protect the child from harm while giving the court time to make a sound decision.
Child Support and Time Sharing in Florida
Florida family courts can order a parent to make regular child support payments to cover the costs of raising a child. This includes costs for housing, food, education, and health care. The child support award is based on the income of both parents, the number of children involved, and the amount of time each parent spends with the child under the time-sharing plan. Judges will use these factors to ensure that both parents contribute fairly to the child’s needs in both homes.
Florida Custody Laws For Unmarried Parents and Establishing Paternity in Melbourne
Parents who are unmarried at the time of birth must establish paternity in order to sort out child custody rights. While Florida law recognizes the birth mother’s parenting rights upon birth, the same is not true for the father if he is not married to the mother. The father’s rights must be recognized before the courts can rule on custody-related matters like child support and time-sharing. Florida paternity attorneys at Platt Russell Cole & Simpson can help you through paternity confirmation and custody cases.
How Our Family Law Attorneys Handle Domestic Violence and Child Custody in Melbourne
Under Florida law, a history of abuse is a key factor in determining custody. If you need help with a custody case involving domestic violence, call the Platt Cole Rusell & Simpson law firm. Your child’s safety is our number one priority.
Our professional attorneys provide compassionate support for families dealing with domestic violence. We use our specialized knowledge and experience in family law to help present your case before the court. If necessary, we can also initiate emergency temporary custody proceedings. This can allow us to quickly remove your child from an unsafe situation, ensuring their safety while you pursue permanent custody.
High-Conflict Custody Cases in Melbourne
Child custody disputes can create conflict among parents or other family members. High-conflict cases occur when there are questions about a parent’s conduct or when parents cannot resolve disputes. Attorneys at Platt Cole Rusell & Simpson have experience helping families going through high-conflict custody cases. We offer skilled negotiations, helping parents come to an agreement about the terms of their custody arrangements. When necessary, we can provide aggressive representation in court. Whatever your circumstances, we’ll work hard to achieve custody terms that benefit your child.
Other Family Law Matters Our Melbourne Child Custody Lawyers Handle
Platt Cole Rusell & Simpson attorneys can handle a wide range of family law cases and other matters. We recognize that no family situation is the same, which is why we provide our clients with personalized attention and support. We’ll consider the details of your case and work hard to help you reach your goals. For help with child custody, divorce, adoption, and more, depend on Platt Cole Rusell & Simpson.
Enforcement of Custody Orders in Brevard County
If either parent does not comply with court-approved child support orders or parenting plans, they can be subject to serious consequences. Common violations of custody orders include withholding child support payments, refusing to allow visitation, or failing to comply with the agreed-upon time-sharing schedule. In such cases, you can ask the court to force compliance. In your motion for enforcement, you need to include all relevant details about how the order is not being followed. Courts may take action to enforce compliance. The court may modify custody or support orders after a motion for enforcement.
Should the other parent continue not to comply after your motion for enforcement, you can file a motion for contempt of court. The court may then impose further consequences for the non-compliant parent. They may face criminal charges, depending on the circumstances of their non-compliance.
If your child’s other parent is refusing to comply with custody terms, seek legal help as soon as possible. Our child support enforcement lawyers in Melbourne, FL can provide the support you need when filing a motion of enforcement or contempt of court.
Mediation for Child Custody in Brevard County
In some cases, the courts may send families to mediation to avoid a trial. Mediation is a process in which a neutral party oversees negotiations between parents. This process allows parties to discuss openly while the mediator encourages them to reach an agreement. The mediator cannot make decisions for the parents, but will offer ideas and solutions to each parent to help them find a resolution. Your attorney can offer crucial support during the mediation process.
Preparing for Your Custody Hearing in Melbourne Family Court
To prepare for your child’s custody hearing, there are a few things you need to do first. First, you should contact a legal team as soon as possible. Local lawyers have the experience and knowledge necessary to thoroughly prepare you for court.
Your attorney can help you fill out paperwork correctly and ensure you meet all filing deadlines. Furthermore, a legal representative will understand the various types of evidence that can support your case. After gathering the necessary forms and evidence, your attorney can build a strong case to present to the court.
Grandparents’ Rights in Brevard County
Grandparents and step-grandparents in Florida have visitation rights if the child has been removed from the parents’ physical custody. Under Florida Statute § 39.509, the court can order visitation unless it would not serve the child’s interests or would impact the child-parent relationship. The court has the final say, and visitation rights can end if the child returns to the parents’ custody.
Our legal team provides support to grandparents in Florida seeking to maintain contact with their grandchildren. To learn more about your legal rights, speak with our Melbourne, FL grandparent rights attorneys today.
What Our Melbourne Child Custody Attorneys Do for You
You don’t have to go through the stress of seeking child custody on your own. You can get the legal support you need from attorneys at Platt Cole Rusell & Simpson. We focus on protecting your role in your child’s life while creating a fair plan between parents. Backed by years of experience in family law, we provide effective representation during child custody cases. Before your case begins, we’ll explain your rights and how we can help you obtain custody.
Our team will review every factor that the court considers, like parental relationships, housing arrangements, and stability. We’ll consider the types of evidence that can support your case and help you gather the documentation you’ll need. When filing out complicated legal forms, we’ll help you avoid mistakes that could cost you time and money. Our attorneys will guide you through negotiations, hearings, and court proceedings. We work hard to help you reach the best possible outcome for you and your child or children.
Contact a Melbourne Child Custody Attorney
Our team knows how emotionally draining custody cases can be. We aim to ease your stress with reliable and effective legal services. We’ll answer your questions, inform you of your rights, and provide support and empathy at every step of the process. Contact us today so we can begin building a strong custody case on your behalf.
Trust Platt Cole Rusell & Simpson for your legal needs. We provide family law, personal injury, and criminal defense services in Florida. Call us at (321) 725-3425 or complete our online contact form to speak with an attorney.