When it comes to child custody, many parents have questions and are not sure where to begin. Understanding child custody laws can help parents make informed decisions that are in the best interests of their children, as well as ease the stress of a divorce.
When a couple is divorcing, they may enter into an agreement about how to split their parenting responsibilities (child custody) between them. This can take the form of a formal court order, or it can be done through a process known as mediation. In the former situation, parents can work out their own arrangements through a mediator who has expertise in the area of child custody.
The judge can also sign a temporary or permanent custody agreement that gives the parents more frequent and/or longer visits with their children than they would have otherwise. While these agreements can cause increased conflict and heightened emotions between the parties, they are legal and must be followed.
Physical Custody
When parents are awarded physical custody of their child, they will typically live together and share the decision-making duties regarding the child’s upbringing. This may involve the parents sharing the responsibility for deciding where the child lives, how they are raised, and what medical and religious needs they have.
Some couples opt for joint custody, which means that both parents will have the same amount of time with their child. While this is not as common in today’s society as it once was, it can still be an option when it’s appropriate for the circumstances.
The most important factor in determining the physical custody of a child is which parent has been the primary caregiver during their life, especially when a child is young. In older children, the court’s best interests evaluation often favors a parent who is able to provide a stable home and foster continuity in the child’s education, neighborhood life, religion, and peer relationships.
Sole Custody
The court can award sole custody to one parent if it is determined that that parent is not fit for the role of primary caretaker or that there are extraordinary circumstances, such as a parent who has been unfit or abandoned the child. In other cases, the court will award sole custody to a grandparent or another close relative who is seeking to be the child’s custodian, for example, in situations where the child has been abused or neglected.
Supervised Visitation
Some courts will order that visits between a parent and their children be supervised by a professional or a relative for a set amount of time, usually for a few months. While these orders are usually only temporary, they can be beneficial in easing the transition for children and their parents.
Non-Compliance with a Custody Order
If a parent does not comply with their custody agreement, they can be held in contempt of court and face penalties, including jail time or fines. In addition, they can be denied visitation rights or be forced to pay child support payments that are higher than the agreed upon amount for the time their child spends with the other parent. Davis and Associates, Attorneys at Law is one of the most reputable divorce & family law firm in Miami. If you need our attorney, click here