Wellington Child Custody Lawyer

Wellington Child Custody Attorney

Child custody encompasses the legal arrangements that determine how children are cared for and raised following parental separation or divorce. Florida courts prioritize the best interests of the child standard when making custody decisions, emphasizing the shared parental responsibility and equitable time-sharing between parents. If you or a loved one is going through child custody conflicts, contact an experienced Wellington, FL child custody lawyer today.

Skilled Wellington Child Custody Attorney

As a Florida Supreme Court Certified Family Mediator and a member of The Family Law Section of the Florida Bar, Matthew A. Benzion, Esq., is ready to help with your family law, uncontested divorce, collaborative divorce, and custody case. Connect with our dedicated attorney at Benzion Law today to schedule a consultation to see how our team can help serve your needs.

Types of Custody

In Florida, child custody is referred to as parental responsibility and time-sharing, replacing traditional terms like legal custody and physical custody. Parental responsibility refers to the decision-making authority regarding the child’s upbringing, including education, healthcare, and religious practices. It can be shared (joint) or held by one parent (sole). Time-sharing refers to the schedule outlining when the child spends time with each parent. Here’s a more detailed breakdown:

• Shared parental responsibility: This is the most common arrangement in Florida, which requires both parents to work together and share responsibility when making important decisions about the child’s well-being and development.
• Sole parental responsibility: One parent has the exclusive right to make decisions about the child’s upbringing.
• Time-sharing schedule: This details the specific schedule of when the child will be with each parent, aiming to provide both parents with meaningful time with their child.
• Equal time-sharing: The courts often favor plans that provide both parents with equal time, but this is not always possible or appropriate.

Factors That Impact Custody

There are several factors associated with the child’s needs and parents’ capabilities that impact a well-balanced and supportive atmosphere for the children. The courts consider these factors when determining a child’s needs and developing a child custody plan:

• Well-being: Courts assess which parent can better meet the child’s physical, emotional, and mental well-being by providing a stable home, consistent routines, and emotional support.
• Age: The child’s age, health, and any special needs are considered.
• Relationship: The court examines the strength of the bond between the child and each parent, as well as whether each parent can foster a positive relationship with the other.
• Stability: The court considers the child’s stability in their current environment, including school, extracurricular activities, and social connections.

Factors that parents must consider include:

• Ability to provide a stable home
• Mental and physical health
• Ability to maintain a loving, stable environment
• History of domestic violence, abuse, or neglect
• Willingness to support the child’s relationship with the other parent
• Ability to prioritize the child’s needs
• Ability to provide consistent routines
• Moral fitness of each parent
• Involvement in the child’s life

If the child is mature enough to express a reasoned opinion, the court may consider their preference, but it’s not the sole determining factor. Parental cooperation is an important aspect to consider throughout a child custody case, as the court will assess the parents’ ability to cooperate with each other and make reasonable decisions about the child.

For child custody cases in Wellington, Florida, court proceedings are expected to take place at the 15th Judicial Circuit Court of Florida. Having a local attorney who is familiar with this court’s procedures and judges can be advantageous for your case.

Why Hire a Child Custody Lawyer From Benzion Law for Your Child Custody Case?

Attorney Matthew A. Benzion, Esq., is known for being a highly trusted lawyer who can offer both the necessary legal knowledge and emotional sensitivity needed to navigate the complicated process of child custody. Our firm knows that every case is unique, and we can offer our full commitment to meet your individual needs and circumstances.

Mr. Benzion has years of experience, success, and dedication that he brings to every case. Our team can provide the undivided attention, support, and assistance you need to resolve your child custody case in a timely manner. We understand the emotional complexity of custody matters and work dutifully to protect your parental rights while prioritizing your child’s best interests.

FAQs

Q: What Is the New Law on Child Custody in Florida?

A: Florida law now presumes that 50/50 time-sharing (equal custody) is in the best interest of the child. This is a rebuttable presumption, meaning a parent can present evidence to show that an unequal arrangement is better for the child. The law aims to ensure both parents share the rights and responsibilities of raising their children after a separation or divorce.

Q: What Is a Parenting Plan, and Why is It Important?

A: A parenting plan is a legal document that marks the division of responsibility for a child between separated or divorced parents. It is an important matter, as co-parents should follow the document, adhere to a certain schedule, provide stability, and offer the consistency that children need.

It specifies the time-sharing arrangement, the responsibility for important decision-making, and parent-to-parent interactions while using a cooperative and constructive approach centered on the child’s well-being.

Q: What Happens if Parents Can’t Agree on Custody?

A: The court will intervene if parents cannot reach an agreement on a parenting plan to determine what is in the child’s best interest. The court’s final decision will be the plan drafted to serve the child’s best interest and ensure a healthy relationship is maintained between the child and both parents, whether the plan involves shared parental responsibility or sole parental responsibility

Q: What Is the Biggest Mistake in Custody Battles?

A: The biggest mistake in custody proceedings occurs when parents let personal animosity and emotional reactions take precedence over their child’s well-being. This approach can worsen the child’s relationship with the other parent, escalating unnecessary disputes and deliberately destroying cooperative parenting. Courts prioritize the child’s interests, and actions that disregard these interests can negatively impact your case.

Contact an Experienced Wellington Child Custody Attorney Today

Since Florida has the sixth-highest divorce rate in the U.S., with a rate of 3.1 per 1,000 people, child custody issues are common. Having an experienced attorney in a child custody case is crucial for navigating the complexities of family law and ensuring your rights and your child’s interests are protected. Our devoted lawyer delivers legal knowledge, strategic guidance, and necessary representation throughout all phases of the case, from initial negotiations to formal court hearings.

With personalized attention and strategic representation, Benzion Law can help you achieve the ideal outcome for your family’s future. Contact Benzion Law today to consult with our experienced attorney and see how our team can serve you.