Broward County Child Custody Lawyer

Child Custody Attorney in Broward County, FL

Child custody tends to be one of the top concerns of parents going through divorces in Florida. While state law generally favors keeping both parents highly involved in a child’s life, every custody case is incredibly different. To ensure your rights are advocated for and that the interests of your child are represented, it’s crucial that you work with a Broward County child custody lawyer.

Your Broward County Child Custody Team

At Benzion Law, our team shares comprehensive knowledge of Florida’s child custody laws. Our lead attorney, Matthew A. Benzion, has spent years advocating for Florida parents and their children both in and out of courtrooms and is prepared to fight for a child custody agreement that protects your parental rights and your child. Our practice also extends to guiding families through complex matters of family law, including both uncontested divorce and collaborative divorce, where the focus is on achieving fair and respectful resolutions outside of prolonged litigation. Whether you’re going through a divorce or you’re looking to modify an order that’s already in place, Benzion Law is here to help.

Creating Custody Agreements in Florida

In Florida, a parenting plan is the legal term used to describe what is commonly known as a custody agreement. A parenting plan outlines how parents will share physical and legal responsibility for their children. If both parents are able to discuss custody amicably outside of court, they can create an agreement that adheres to state requirements and have a judge approve it. Throughout the country, 90% of parents settle child custody cases without a judge.

However, child custody cases can quickly become contentious, and when this happens, a judge may need to intervene. If you have to go to court for child custody in Broward County, make sure you hire a child custody lawyer who can advocate for you.

Types of Child Custody Arrangements in Broward County

There are two primary classifications of child custody in Florida, known as legal and physical custody. The type of custody assigned in your case will depend heavily on the unique circumstances of your family. The following are the main forms of custody in Broward County:

Physical custody determines where a child will live in Florida. Arrangements can include:

• Sole Physical Custody: This occurs when a child lives primarily with one parent in Broward County, who is known as the custodial parent. The other parent typically receives scheduled visitation rights.
• Joint Physical Custody: Also known as shared physical custody, joint physical custody in Broward County occurs when the child lives with both parents on a more or less equal basis. Some families prefer a week-on/week-off arrangement or weeks/holidays on/weekdays off. It will depend on each family’s personal needs.

Legal custody determines who makes the important decisions for the child. Arrangements can include:

• Sole Legal Custody: Sole legal custody in Broward County occurs when one parent has the authority to make major decisions about the child’s life, including their education, healthcare, and religious upbringing. Even if the other parent has physical custody, they do not get the final say on these decisions if one parent has sole legal custody.
• Joint Legal Custody: Also known as shared legal custody, this arrangement in Broward County allows both parents to share the responsibility of making these major decisions for their child. The parents must work together and agree on all decisions made.

What Factors Impact Child Custody Orders in Broward County?

Many factors can impact your child custody case, all of which revolve around ensuring the best interests of the child are a top priority. Broward County courts will look into:

• The existing relationship the parents have with their child
• The parents’ well-being
• If the children are older, their personal wishes
• Whether the parents are on good terms and can co-parent effectively
• Any history of domestic violence or other abuse
• Whether one or both parents have a criminal history
• How involved the parent is in their child’s life

Hire a Child Custody Lawyer From Benzion Law

At Benzion Law, you can trust our compassionate team to help you navigate the complexities that come with child custody cases in Florida. We share comprehensive knowledge of the state’s laws in addition to insight into local courts and cases. Our team works tirelessly to ensure your parental rights are protected and that your child’s best interests are always prioritized. No matter how contentious your case may be, our team is ready to help you find a resolution.

FAQs

Is Florida a 50/50 Time-Sharing State?

Shared parental responsibility is presumed to be in the best interest of the child in Florida. Because the best interest of a child is the priority in all custody decisions, a 50/50 split will only be assigned when it is right for the child. In some cases, the court may award full custody of a child to one parent if that arrangement better serves the child’s well-being. So, while a 50/50 time-sharing schedule is most often the goal, it is not always guaranteed. You should hire a child custody lawyer to ensure you can advocate for your parental rights.

How Do Florida Courts Decide Time-Sharing and Parental Responsibility?

Florida family courts decide on time-sharing and parental responsibility based on the child’s best interests. While there is a presumption that equal time-sharing is in the best interest of the child, this isn’t the case for every family. Florida courts will look at the relationship between the parents and their child, their ability to provide a safe environment, whether abuse or violence was present, and make custody rulings from there.

Do You Have to Go to Court for Child Custody Issues in Broward County?

You do not always have to go to court for child custody issues in Broward County. Florida courts would rather you and your co-parent attempt mediation to resolve any child custody disputes before having them escalate to litigation. If parents can reach a full agreement during mediation, the court may be avoided altogether. However, if mediation does not work, a Broward County court hearing will be required in order to determine a fair parenting plan.

Does Equal Time-Sharing Mean No One Pays Child Support in Florida?

No, equal time-sharing in Florida does not automatically mean no one pays child support. Florida courts use a formula that will look at both parents’ income, along with the amount of overnights the parent has with the child. Even if it is split 50/50, the parent who has a higher income may be required to pay support to the other parent to ensure their child’s needs are met.

Benzion Law: Broward County’s Trusted Child Custody Lawyer

The team at Benzion Law is here to help you and your children navigate complex child custody proceedings in Broward County. If you need legal guidance and support, don’t hesitate to reach out to us today.