Navigating Family Law Challenges: The Value of an Experienced Attorney
If you are seeking custody of your children, you need to be prepared. It is important to gather documents, such as school records, medical records, and financial statements. Other relevant information may include character references and witness statements. It is also crucial to understand the laws regarding child custody and time sharing.
In Florida, the law states that the best interests of the children are the primary consideration in any custody decision. Parents are encouraged to reach a voluntary agreement through negotiation or mediation, but if an agreement cannot be reached, the court will intervene. The court will consider the parents’ proposed parenting plans, appointing a guardian ad litem if necessary, conducting evaluations and hearing evidence to make its custody determination.
For many years, conventional thinking held that Mothers were the primary caregivers in divorce scenarios and Fathers were secondary caretakers. However, much has changed in society and in the laws, making it more equitable for both parents to share custody and visitation rights. Generally speaking, courts prefer shared custody arrangements, but will award sole custody in limited circumstances.
A family law attorney can help you determine which type of custody arrangement is best for your situation. They can help you draft a parental plan that outlines custody and time sharing, as well as decision-making responsibilities. They can also assist you in filing a petition for time-sharing and parental responsibility with the appropriate family court.
Before spouses can negotiate a marital settlement, they need to be fully aware of their assets and income. An experienced Palm Beach County family lawyer can review financial statements and other documents to uncover hidden assets or income, ensuring that both parties receive fair compensation during the divorce process.
In many divorce cases, both spouses must pay or receive some form of spousal support. Spousal support is based on the income of each spouse and the cost of raising their children. An experienced Palm Beach County divorce lawyer can help you determine the amount of spousal support you need, and what the amount should be based on.
Whether you are paying or receiving spousal support, it is vital to keep track of all expenses and other costs related to the marriage. An experienced Palm Beach County divorce lawyer can review documents, including credit card and banking statements, to ensure that both parties are being reimbursed for actual expenses.
When drafting a child custody or support agreement, it is important to include a right of first refusal clause. This allows the non-custodial parent to take on the child’s care before a daycare, relative or babysitter is hired. This will protect the non-custodial parent’s time with the child, and can prevent the child from spending more time with the custodial parent than the parent is allowed under the parenting plan. Ideally, both parties should be willing to include this provision in their agreement. This will minimize conflict in the future, and reduce the likelihood that a court will need to get involved to resolve a dispute.