Child Custody Basics

Physical and legal custody are the two types of child custody recognized by Florida Law. Physical custody denotes the actual residence of the child, and legal custody refers to who can make major decisions regarding a child’s upbringing. Applying these two primary categories of custody, there are several different custodial arrangements that can be made depending on family’s particular circumstances. For instance, both parents can share legal custody while one maintains primary physical custody and the other has visitation rights, or one parent can have sole legal and physical custody.

Florida Child Custody Legal Guidance

When it comes to children, legal disputes and differences among parents and guardians can have a dramatic impact on their mental and physical well-being. For this reason, it is best to resolve your child support and child custody matters through professional family law mediation. Here at the Law Office of Shane T. Herbert, we take the time to learn our client’s unique situation, walking through all objectives and prioritizing their goals so that we may find a workable resolution to their child support and child custody matters as efficiently and cost-effectively as possible.

Whether you are looking to readjust child support payments, make modifications to your visitation agreements, or fight for custody of your children, Attorney Shane T. Herbert and his team can help. We handle a wide range of child custody and child support cases, from modifications and mediation, to paternity, contempt, enforcement, violations, termination, and even support from estates of deceased parents. You can trust that our teams are working your case with the best interests of you and your children in mind at all times.

Contact Attorney Shane T. Herbert Today

Call our office directly at 407-887-7058 to learn what you need to know about child custody and support in Orlando, Florida. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.

It is common for parents to have concerns about their children’s well-being and overall quality of life following a divorce. For this reason, child custody is often a focus prior to and during the divorce process. Both mothers and fathers want to know who gets custody, and how often the other party will get to see their children. Whether you are preparing to divorce, or have already started the process, you are wise to review your state laws regarding the dissolution of marriages.

Continue reading to learn how courts decide who gets custody after a divorce, and how visitation and time-sharing plans tend to work.

Orlando Child Custody Attorney 407-887-7058

Who gets child custody, and the limits set forth for visitation, all depends on the presiding judge, the state laws governing divorce and child custody, and several other influential factors. However, there are some general trends in the court system that can help you better understand what to expect from your own divorce.

Primary Care-Takers

One of the most influential factors used by the family court system to assign custody of children after a divorce is the determination of the primary caretaker. A primary care-taker is the parent who customarily tends to certain basic needs of the children, such as bathing and grooming, meal prepping and cooking, driving, health care decision-making, basic skills teaching, educating and helping with homework, and planning and participating in recreational activities.

Best Interests’ of the Children

Regardless of who the primary caretaker is determined to be, courts will ultimately use the children’s’ best interests to rule on a child custody case. This means ending on a decision that will protect and promote a child’s joy, mental health, emotional development, and security. To do so, the family court system considers certain factors when evaluating and defining a child’s best interest, such as:

✤ Drug or Alcohol Abuse at Home
✤ Relationship Dynamic with Other Members of Household
✤ Mental and Physical Health of Parents
✤ Special Needs of a Child
✤ Stable Home Environment
✤ Adjustment to a New Community
✤ Child’s Own Desires

Child Custody in Non-Divorce Cases

There are many child custody cases that do not involve divorce. In the case that two unmarried parents go to court to determine child custody after parting ways, the same considerations and factors mentioned above will apply. However, most states generally give full custody to the mother in cases involving unmarried couples. Another possible example of a child custody dispute that does not involve married couples are cases of grandparent visitation rights.

Get Trusted Child Custody and Divorce Advice in Florida

Call the Law Office of Shane T. Herbert at 407-887-7058 for help with your divorce and child custody matters in Florida. You can trust our seasoned legal team to meet your family law needs, as our case results speak for themselves. Office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed. Contact our Orlando Family Law office at 407-887-7058 to learn what you need to know about resolving or addressing your family legal matters, swiftly and securely.

Shane T. Herbert Law

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