Child custody is the legal plan that outlines where a child will live after divorce or separation. Generally, the parent who wins custody has the right to make significant decisions on the child’s upbringing, including education, religion, and medication.
Winning custody of a child in Florida can be challenging, but you can make the process smooth by contacting a reputable family law attorney. Your lawyer can help you gather solid evidence to establish grounds for winning your case. It would also help to understand the following four tips, which are crucial in navigating the legal system.
Establish Parentage
When it comes to figuring out who the legal parents of a child are, we are talking about parentage. For kids born to married couples, it is pretty straightforward: the law usually says both partners are the parents, no questions asked.
However, if the situation is different—for instance if the child is born to unmarried parents. In these cases, you might need to legally establish that you are the parent before getting custody rights. One common way to do this is by submitting a petition for a DNA test through the courts.
Now, if we shift focus onto mothers and adoptive parents, they are not typically asked to undergo DNA tests like this. Instead, courts will lean on various state laws and guidelines when deciding who gets custody—the court ruling always prioritizes the child’s best interest.
Try Solving the Issue Outside of Court
Court procedures can be costly and time-consuming. Therefore, consider solving custody issues on your own with the help of a mediator. That will not only save you money but also result in better outcomes.
An out-of-court agreement can only be viable if the other parent is willing to cooperate. You can agree on whether physical or legal custody suits you in your arrangement. Whatever decision you make, ensure you prioritize the child’s best interests.
The mediator you hire is also critical to finding the best resolution. Ideally, you should choose a family law professional, especially one with a background in mediating child custody agreements.
Determine If You Qualify to Seek Custody
Biological parents have a legal right to at least share custody of the child. However, one parent may be entitled to sole custody if they can prove that the other parent is unfit to live with the child. Issues like abuse or neglect can be solid grounds for seeking sole custody.
When you are not the parent of a child, obtaining custody without the consent of the legal parents can be challenging. However, if you can provide evidence showing that your actions and decisions are in the child’s best interest, the court may grant you custody. You could pursue custody if the child’s legal parents have a history of abuse or neglect.
Consult an Attorney
In situations where child custody mediation has failed, it would help to seek help from the court. If you head that direction, consider hiring a family law attorney from a reputable firm in Florida.
“A family lawyer will advocate for the child’s well-being. They will find evidence to establish that your proposed custody plan is in the child’s best interest, considering factors like emotional needs, stability, and safety,” says family lawyer Samah T. Abukhodeir of The Florida Probate & Family Law Firm.
Child custody cases require filing several documents and paperwork. Your attorney will take over the burden of managing paperwork, ensuring you file all documents accurately and timely.
Conclusion
Child custody agreements can be challenging, but you can make things easier by following the above four tips. Essentially, you must establish parentage and determine that you qualify for child custody. A family law attorney or a mediator can help you create a plan that suits the needs of each person involved in the case.
Media Information:
Florida Family and Probate Lawyers
Coral Gables, FL
(305) 6775 119
