Palm Beach County Child Custody And Visitation Attorney

Perhaps the most heart-wrenching aspect of domestic relations law, whether it be separation or divorce, is the impact that it has on the children and their relationship with their parents.  At the Palm Beach County law firm of Matthew Jay Lane & Associates, P.A., we realize that in a child custody dispute, people are fighting for what they love the most.  We are experienced at helping parents who are involved in custody disputes find solutions that are truly in the best interests of their children.  At the law firm of Matthew Jay Lane & Associates, P.A., we take care of our clients’ families, and are never more diligent than when representing parents in proceedings that involve child custody and visitation.  In child custody and visitation matters, the advice and counsel of an experienced Palm Beach County divorce attorney can be invaluable.  With honesty, compassion and understanding of the importance of the parent/child bond, we will protect your rights and your child’s welfare.

If you are contemplating bringing an action in Palm Beach County for child custody or visitation, or if you have received a letter from an attorney or a summons to appear for a Florida child custody or visitation proceeding, contact Matthew Lane & Associates, P.A. without delay for a free consultation so that we can help you determine and protect your legal rights.

In order to assist you, we have included important information describing Florida Statutes Governing Child Custody and Visitation Proceedings, How to Inform Children About An Impending Divorce, and Suggestions for Successful Parenting After Divorce.

Florida Statutes Governing Child Custody and Visitation Proceedings

Florida law provides that the court shall determine all matters relating to the custody and visitation of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.It is the public policy of the State of Florida that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.  In Florida, there is no presumption for or against the father or mother of the child or for or against any specific custody and visitation schedule when creating or modifying the parenting plan of the child.

Florida law provides that the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.  If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for custody and visitation as specified in the parenting plan as will best protect the child from further harm.

Florida law states that in ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child’s welfare or may divide those responsibilities between the parties based on the best interests of the child.  Areas of responsibility may include education, health care, and any other responsibilities that the court finds unique to a particular family.

Florida law provides that the court shall order sole parental responsibility for a minor child to one parent, with or without custody and visitation with the other parent if it is in the best interests of the minor child.

Florida law states that for purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a custody and visitation schedule, which governs each parent’s relationship with his or her minor child, the best interest of the child shall be the primary consideration.  Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

(a)The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the custody and visitation schedule, and to be reasonable when changes are required.

(b)The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c)The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

(d)The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e)The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f)The moral fitness of the parents.

(g)The mental and physical health of the parents.

(h)The home, school, and community record of the child.

(i)The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j)The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

(k)The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l)The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m)Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

(n)Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o)The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p)The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

(q)The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r)The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s)The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

(t)Any other factor that is relevant to the determination of a specific parenting plan, including the custody and visitation schedule.

Florida law states that a parenting plan approved by the court must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the custody and visitation schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.

Florida law provides that access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, may not be denied to either parent. Full rights shall apply to either parent unless a court order specifically revokes these rights, including any restrictions on these rights as provided in a domestic violence injunction. A parent having rights has the same rights upon request as to form, substance, and manner of access as are available to the other parent of a child, including, without limitation, the right to in-person communication with medical, dental, and education providers.

How to Inform Children About An Impending Divorce

1. Be sure that you are in control of your own emotions and are able to impart information in a reasonable fashion.

2. Do not reveal anger, disappointment, fear, frustration, hurt or blame.

3. Both parents should agree in advance on how, when, where, and the answer to any questions as to why.   If the parents cannot agree on the substance of this conversation, they should seek professional therapeutic advice and agree to follow that advice.

4. Both parents should tell the children together, unless otherwise advised by a therapeutic professional.

5. All children need to be told at the same time, unless otherwise advised by a therapeutic professional.

6. Offer clear, honest explanations. Avoid elaborate details about your marital problems (i.e. affairs, sexual problems, money problems).

7. Focus on what will happen to each child. Describe basic changes (i.e. living arrangements, financial changes, time with the other parent).

8. Assure your child he/she will be told of all major developments and changes.

9. Extend an invitation to your child to make suggestions that will be considered.

10. Stress that your child is not responsible for the divorce, and that this is an issue between the adults.  Emphasize that it is not your child’s fault.

11. Reassure your child that the divorce does not weaken the bond between you and your child.

12. Give your child a clear sense of an established place in each parent’s home (i.e. their own room, place for toys, toiletries).

13. Impart that the divorce is an adult decision and that there is nothing that the child can do to change this.

14. Tell your children that there are counselors with whom they can consult confidentially with questions

15. Give your children permission to love both parents.

16. Assure your children that both parents love them.

Suggestions for Successful Parenting After Divorce

1. Communicate with each other in a courteous, businesslike manner.

2. Be on time and have the children ready at exchange time.

3. Avoid communications that may lead to conflict at exchange time.

4. Encourage the children to carry important items such as clothing, toys and security blankets with them between the parents’ homes.

5. Provide a consistent routine for homework, meals, and bedtime.

6. Communicate with each other about rules and discipline in order to handle them in similar ways.

7. Support contact with grandparents and other extended family so that the children do not experience a sense of loss.

8. Be flexible in developing parenting plans to accommodate your child’s extracurricular activities and special family celebrations.

9. Schedule time to be alone with your children when you have a new partner.

10. Make certain that sexual conduct with your new partner occurs outside of the presence of your child.

11. Respect the other parent’s scheduled times with the children and do not schedule events that will conflict with this time.

12. Discuss any proposed schedule changes directly with the other parent.

13. Support the child’s relationship with the other parent.

14. Attend to your own mental and physical health needs so that you will be in a position to adequately address the needs of your children.

15. Assist your children with their homework and encourage them to become involved in school and community activities.

16. Participate in your child’s school and extracurricular activities.

17. Remain in contact with your children’s friends, teachers, and medical care providers.

18. Keep the other parent informed of issues and activities in the children’s lives, and make a good faith effort to adopt a unified front on major issues involving the children.

19. Remember that domestic violence toward your former spouse can result in the reconfiguration of your time-sharing arrangement with your children.

20. Continue to assume parental responsibilities.

21. Speak with your children about drug and alcohol abuse and maintain an environment for the children which is free from substance abuse.

22. Assure the children that they did not cause the divorce and that they do not have the power to reverse the process.

23. Do not make promises to the children that you do not keep.

24. Honor the time-sharing schedule and be reasonable when changes are required.

25. Minimize the extent to which parental responsibilities will be delegated to third parties.

26. Make every effort to place the needs of the child before your own needs or desires.

27. Do not criticize the other parent to the child or in the child’s range of hearing.

28. Do not use the child as a messenger, negotiator, or to seek information about the other parent.

29. Do not withhold access to the child for any reason, unless there are safety concerns.

30. Protect your children from the ongoing litigation.  Do not discuss the litigation with your children.

31. Give your children permission to love both parents.

32. Assure your children that both parents love them.

33. Remember that you are both parents and always will be.  As such, your role is to provide your children with unfailing support, love and reassurance throughout the divorce process and beyond.