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The Evolution of Florida Statutory Authority Regarding Divorce and the Children of the Marriage

High net worth divorce attorney in Orlando, Florida

Over the past few years, Florida’s laws regarding child custody following a divorce has evolved dramatically.  Under Florida Statutes Section 61.13(2)(c)(1), it is the public policy in Florida for minors to have “frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved.”  The law further states that the presumption for or against the mother or father, as well as for or against any specific time-sharing schedules, when modifying or creating parenting plans for the parties’ children. 

Section 61.13 is important because it because it has changed the landscape of child custody arrangements in Florida in the following ways:

  • The “Tender Years Doctrine” has been Abolished

The “tender years doctrine” is a legal principal which has been in existence since the 19th century.  The doctrine presumes that a child during its “tender years” (typically from birth to age four) should reside with the mother.  In Florida, this doctrine has been abolished, and any custody arrangement premised upon it is grounds for reversal.

  • Time-Sharing and Parenting Plans Have Replaced Child Custody 

Back in 2008, the Florida Legislature did away with the concept of custody, choosing instead to implement the concept of time-sharing and parenting plans.  During a divorce case, the court will no longer award sole or joint custody and will impose majority or equal time-sharing.  

The parenting plan is a document that goes along with an arrangement for settlement that provides how the parents will parent the children after a divorce is effectuated. It can include such critical factors as a proper holiday time-sharing schedule, a time-sharing schedule, and provisions regarding child care, education, contact between the children and parents, travel, and extracurricular activities.  

Attorney Beryl Thompson-McClary has 28 years of child custody litigation experience in the State of Florida and she is extremely dedicated to achieving the best results for her clients. Schedule a confidential consultation today at no cost to you by calling our Orlando, Florida office at (888) 640-2999. 

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The Tools Necessary to Succeed When Determining Child Custody in Florida

Orlando Attorney

Undoubtedly, nothing is more important that your children.  Oftentimes, when dealing with a paternity or divorce case, the most challenging issues involve the parenting arrangement, where people can spend nearly a fortune to battle the other parent regarding what is best for their children.

There are a number of different strategies and factors to consider during a dispute for child custody.  The first step is to act civilly and determine what common ground there is between you and the other parent.  Otherwise stated, it is best to focus on what you can agree upon, such as what pediatrician to use, what school will the child or children attend, what activities will they be involved in, and who will transport them in addition to the parents?    Overall, it is best to hammer out these details before getting to the contested issues such as which nights will the children of the marriage spend with each parent.

If there is a dispute where the communication between the parents have become heated, it may best to hire a child custody evaluator.  This is an individual with a mental health background who has special training in interviewing the children of the marriage and the parents in order to identify the problem areas between the parents that may cause harm to the children. Keep in mind that the court typically orders an evaluator to work with parents who contest child custody.    

If a child custody evaluator cannot seem to help the parents agree to a child custody arrangement, then a parenting coordinator may be of help.  This person not only has a mental health background, but is also trained in assisting parents to hash out the details of the day to day schedules of the children.

If you are facing a child custody dispute, it is critical to hire a skilled Florida Family Law Attorney experienced in the art of mediation to help you to fight for your rights and interests.  This individual will aid the parents in coming up with a suitable child custody arrangement, whether by negotiation or through trial.

Attorney Beryl Thompson-McClary has 28 years of child custody law litigation experience in the State of Florida and she is extremely dedicated to achieving the best results for her clients. Schedule a confidential consultation today at no cost to you by calling our Orlando, Florida office at (888) 640-2999. 

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