Theodore H. Enfield P.A. is one of the best divorce lawyers in Miami, Florida deal with family law issues such as divorce and domestic violence, prenuptial agreements, equitable property settlement, child custody & support.
2. What is child custody?
Under the Florida family law, the child custody in Miami is
declared by the court considering all the factors that
involves the well-being of the child. The custody of the
child can either be shared or be given to a solo parent.
When legal separation involves child custody it is
necessary to have a detailed conversation with the attorney
regarding what kind of custody is realistic in their case.
Custody decision can't be made in a vacuum it requires the
couple to consider what is best for them and most
importantly what is in the best interest of their children.
3. Categorizing child custody:
A Child Custody law confirms the rights and responsibility
of the parent for their child. Child custody is divided into
two sections:
Physical Custody
Legal Custody
First one includes physical custody of the child and the other
one is termed as legal custody. The physical custody
defines the parent with whom the child will reside. The
second type of custody i.e. legal custody generally
describes the decision making on upbringing of the child.
4. Legal custody is completely different from the physical
one. For instance a parent with legal custody has the
right to decide on the child's medical, dental care and
education. While announcing the custody child's
preference is considered. If the child decides to live
with both the parent then the parent are said to have
joint physical and legal custody. Legal battles over the
child custody can be long and very expensive. For
proper understanding regarding the child custody it is
necessary to consult an experienced attorney.
5. Types Of child custody:
If you are having children and you are going for a divorce
you need to make decision that regarding the custody of
children keeping in mind their best interest. Legally there
are four type of custody possible which are described
below:
6. Joint custody:
Joint Custody can be categorized as Joint Physical and Joint
Legal Custody. Joint Legal Custody gives equal rights to both
of the parents to take a decision that is in the best interest of the
children that may include decisions regarding the child's
health, education and welfare. Joint physical custody means
that kids are going to spend significant time with both the
parents.
7. Solo or full custody:
Solo or Full Custody is the legal right which enables one of
the parents with absolute decision making authority
regarding the children's health, education, religion and
welfare. This type of custody is rare, but then it is ordered
when the one of the parent has historically been
uninvolved or has done nothing significant that indicated
their participation with the children. In such type of
custody the children live with the parent who has been
legally given the solo legal custody and that parent hold a
veto power that provide them the right to make decision
regarding when, how and under what circumstances the
other parent will meet the children.
8. Non-Parental or Third-Party Custody:
Anyone who is not the child's parent but wants the custody of the
child can file for either a guardianship or can become the third
party custodian of the child. There are different ways of doing
that. If a child is in a paternity or divorce case the close relative
of the parents can file for the third-party custody. In case of a
guardian or third party custody the parents still have the right to
see their child in parenting time. In such a situation the
parenting time is determined by the court and if the court finds
out that the parenting time can have a harmful effect on the
children the court can take away this right from the parents.
The threshold of receiving third party custody is very high. The
relatives have to prove to the court that giving them the custody
of the child will be in the best interest of the child.
9. Split Custody:
Split Custody is a rare form of custody that is resisted from
the court side. This type of custody mainly comes when
the child custody involves multiple children and each
parent gets the custody of individual children depending
on the preference of the children. When this happen the
child support depends on the income of both the parents.
How much support each parent will offer to the one living
with the other parent is figured out according to the court
guidelines.
10. About Lawyer
Theodore H. Enfield in Miami, Florida, deal with family law
issues such as divorce and domestic violence, prenuptial
agreements, equitable property settlement, child custody &
support.
For More information about Child custody Lawyer Visit on
www.theodoreenfield.com